crazymish
04-13 04:01 PM
All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?
Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.
Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.
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willgetgc2005
04-24 11:47 PM
dilbert_cal / others,
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
immigrant2007
08-05 01:37 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
--Is it a DREAM?
--Is it a DREAM?
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cr52401
09-07 03:42 PM
All,
Background:
EB-2 India
Employment based petition
PD: Feb 2003
Labor approved (after a long wait at Backlog reduction Ctr)
I-140 filed
Waiting for PD to be current to be eligible to file I-485
To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:
1) Birth Certificate: I have my original birth certificate but it is not in English.
a. I have a translated notarized version in English from India. Will this suffice?
b. If not, can a birth certificate issued by the Indian Consulate General suffice?
c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?
2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
a. Do I need to have a police clearance from India?
b. If so, can a Police clearance certificate from Indian Consulate General suffice?
c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?
3) Medical: I have the list of approved Doctor’s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)
4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?
Thanks in advance.
Folks, any one can help? I have same question regarding to Police cert.
Background:
EB-2 India
Employment based petition
PD: Feb 2003
Labor approved (after a long wait at Backlog reduction Ctr)
I-140 filed
Waiting for PD to be current to be eligible to file I-485
To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:
1) Birth Certificate: I have my original birth certificate but it is not in English.
a. I have a translated notarized version in English from India. Will this suffice?
b. If not, can a birth certificate issued by the Indian Consulate General suffice?
c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?
2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
a. Do I need to have a police clearance from India?
b. If so, can a Police clearance certificate from Indian Consulate General suffice?
c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?
3) Medical: I have the list of approved Doctor’s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)
4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?
Thanks in advance.
Folks, any one can help? I have same question regarding to Police cert.
more...
gc_mania_03
08-28 02:32 PM
Gurus,
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
Actually, I posted a similar question on another thread. Can you give me an update on what you did about the photos?
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
Actually, I posted a similar question on another thread. Can you give me an update on what you did about the photos?
Aah_GC
12-13 12:11 PM
Guys, you don't have make fun of this person. If you don't like it let it go.
Those weren't exactly stomach aching puns either.
Those weren't exactly stomach aching puns either.
more...
sweet_jungle
12-04 02:15 PM
Interesting, looks like all these cases got approved ??
This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers
There were mainly 2 issues faced:
1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.
2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.
So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.
This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers
There were mainly 2 issues faced:
1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.
2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.
So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.
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looivy
07-16 11:02 PM
I-140 onwards in good 'ol days when there was no PERM because your LC would not reach USCIS untill you applied...now i believe you file PERM with USCIS so it would be LC. ....someone correct me if I am wrong.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
more...
rolrblade
07-26 06:53 AM
HI
What are the documents required for EAD application assuming that I-485 application is already filed?
At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.
Thanks
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
What are the documents required for EAD application assuming that I-485 application is already filed?
At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.
Thanks
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
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swethanjit
08-25 08:37 PM
Hello Members,
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
Can someone please clarify my doubt below:
If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?
Thanks in Advance.
Swetha.
more...
Dhundhun
06-26 02:06 PM
EAD Efiling was done on Monday 06/23, but haven't used AC21 till now.
But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC
Efiling EAD does not cause LUD on I-485. Guess something else.
But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC
Efiling EAD does not cause LUD on I-485. Guess something else.
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arnet
09-08 05:27 PM
i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
more...
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sunny1000
04-07 03:56 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
It will not affect your GC in anyway. They will send RFE for your wife when it comes for adjudication. You can reply thru your lawyer, based on your marital status at that time, the appropriate answer.
AFAIK, if she does not come back before the date mentioned in the AP (sept 2008), she will abandon the GC application unless she has a valid dual intent visa.
Hope things work out between you and your wife.
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sc3
10-22 10:22 PM
If she has filed 485 as a dependent then she is a dependent though out the process. Once you are in trouble and 485 gets declined - hers also invalid. Both will be illegal!!!
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
more...
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cjagtap
11-17 07:53 AM
I received my AP for the entire family thru' my lawyer and USCIS webpage is still showing that my 131 is in progress and case pending???
Hope it should not happen to the final GC!
Anyone like me?
Hope it should not happen to the final GC!
Anyone like me?
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go2roomshare
07-12 05:51 PM
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
more...
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chi_shark
05-06 03:03 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...
Augustus..did you get GC yet ?
Thanks
yes, it will be in your lap as SOON as your pd becomes current... sorry, it does not mean what we all want it to mean... it could mean that your case gets pre-adjudicated and hence may be quickly approvable once pd is current...
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Almond
07-17 07:43 PM
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
I used my tax returns to get approved for the I140. Maybe he filed both together.
I've never heard about the bank forms though. Nooooooo:(
I used my tax returns to get approved for the I140. Maybe he filed both together.
I've never heard about the bank forms though. Nooooooo:(
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nmdial
03-11 12:34 PM
I filled the form a week back and checked, "does not apply". Hope that helps.
thomachan72
12-16 03:51 PM
it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.
horscorp
02-06 07:37 AM
Hello,
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
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