ibbu_arif
11-16 10:27 AM
Hello Gurus,
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
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pitha
08-04 05:07 PM
I too dont have an A# on my my I-140 approval. Does the I140 receipt notice have an A# on it. I dont have the receipt for the i140.
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
psk79
10-15 04:01 PM
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
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nissan_1
11-30 09:30 AM
I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...
more...
xu1
08-24 01:43 PM
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
One thing for sure is that no file in BEC is EB1. The rest is all guess:
If the historic information can tell the present and future, then roughly for every 2 - 3 EB3, there is one EB2...
The trackers at immigrationportal show not many 01 files left, and there're still quite some 02 and a lot of 03 in both BECs. DBEC tends to process a lot of 04/05 cases recently in LIFO manner, whereas PBEC is a bit more FIFO recently barring some cases that came out of regionals..
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
One thing for sure is that no file in BEC is EB1. The rest is all guess:
If the historic information can tell the present and future, then roughly for every 2 - 3 EB3, there is one EB2...
The trackers at immigrationportal show not many 01 files left, and there're still quite some 02 and a lot of 03 in both BECs. DBEC tends to process a lot of 04/05 cases recently in LIFO manner, whereas PBEC is a bit more FIFO recently barring some cases that came out of regionals..
valuablehurdle
05-06 08:26 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
more...
snathan
04-08 04:16 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
Hard stop at June 30th....
Hard stop at June 30th....
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huh
12-08 03:35 PM
Is the 15 months counted from the filing date or the audit reply date?
Mine was filed on Oct. 07' and still stuck in audit. It disgusts me just by thinking about this...
Thanks!
Mine was filed on Oct. 07' and still stuck in audit. It disgusts me just by thinking about this...
Thanks!
more...
walking_dude
11-26 11:03 AM
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
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jayleno
12-02 03:01 PM
Yes. Thats true. If you are not eligible for any other H-1extensions(i.e. labor filed 365 days before etc), you can apply for premium processing for I-140 if your H-1 is about to exprire. However, the extension can only be filed with a copy of the approved I-140. You can also do your H-1 under premuim processing if you are running out of time.
I think its better if you just go ahead and apply and pray everything works according to plan.
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
I think its better if you just go ahead and apply and pray everything works according to plan.
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
more...
fuzzy logic
07-01 10:22 AM
Thanks for your replies.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
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freedom_fighter
06-24 09:44 PM
what is ur priority date, EB2/EB3 and how much time for u to reply the RFE?
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aj1234567
10-22 08:11 PM
I got FP Appointmnet letter on 10/10/07 for the the date 10/30.
After i got this fp appointmnet letter i had changed my address on 10/10/07 with usics, i got card production mail from uscis on 10/11/07,they updated my new address and i did not got any mail from them saying that they send the EAD card,many of my frineds said that they recived mail from usics saying that EAD had sent my mail,But i did not
Is adress change impact on EAD time.
After i got this fp appointmnet letter i had changed my address on 10/10/07 with usics, i got card production mail from uscis on 10/11/07,they updated my new address and i did not got any mail from them saying that they send the EAD card,many of my frineds said that they recived mail from usics saying that EAD had sent my mail,But i did not
Is adress change impact on EAD time.
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sunray
10-07 03:57 PM
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
more...
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desi3933
07-19 11:35 AM
Hello IV Members,
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
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anantken
07-21 09:32 AM
I am also having the same case... my PD is May 2006. I filed for I-485 in July 2007. Until today I haven't received the FP Notice.. Last yr I have received AP, EAD but no FP yet..
Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.
I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.
Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.
I dont know what to do now. my service center is TSC.
Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.
I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.
Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.
I dont know what to do now. my service center is TSC.
more...
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luckylavs
05-15 12:30 PM
Gurus: Any idea if there will be visa movement for IN in the near future...
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ItIsNotFunny
04-27 12:39 PM
I think even if the EB2 I-140 is already approved, you still could port the PD, but most important thing is you need your EB3 I-140 approved for porting the PD. Please talk to a good lawyer.
This is correct as per my knowledge.
This is correct as per my knowledge.
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txh1b
08-18 12:21 PM
To be safe, do it even if you get an attached I-94 as you began working. You never know what sort of a minor infraction can lead to a huge trouble later on. Good luck!
nirdlalegcade
02-26 11:50 AM
The above said is correct only if you have an approved AP with you.
But I have only my H4 visa. I can go out of US with the H4 right?
But I have only my H4 visa. I can go out of US with the H4 right?
simplistik
06-06 03:33 PM
LoL... lots of good entries. Looks like all the ones I chose were popular ones anyway... aside from one of em. The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.
That particular episode of Family Guy was on last night :P :D
That particular episode of Family Guy was on last night :P :D
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