gc28262
03-26 10:22 PM
Why would an entry on AP not apply here?
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
AP:
Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.
An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).
Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.
Status violations are a problem only when you are on H1B.
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willIWill
07-15 05:38 PM
Regarding first point,
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
Thanks for the reply gccovet.
I can have the marriage cert and BC notarized. Sending pics is a good idea. But I'm not sure if it will fit in the return cover they provided me with. Still unsure if I need to send the affidavit of support and other financial documents for the same like sending it for derivative I-485
Thanks again for your suggestions.
I would also submit marriage ceremony pictures (if you have them) along with marriage certificate (notarize the photocopy), assuming it is in English, else get it translated with affidavit and again notarize the copy. Sending Birth certificate copy along with above might be a + .
HTH
GCCovet
Thanks for the reply gccovet.
I can have the marriage cert and BC notarized. Sending pics is a good idea. But I'm not sure if it will fit in the return cover they provided me with. Still unsure if I need to send the affidavit of support and other financial documents for the same like sending it for derivative I-485
Thanks again for your suggestions.
piyu7444
07-23 11:31 AM
Hi,
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.
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gcdreamer05
01-15 06:14 PM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....
more...
jsb
01-08 03:49 PM
Can someone please clarify
i know there is always risk involved ....
If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
i know there is always risk involved ....
If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
webm
09-25 11:10 AM
So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
1)Just say them that you have EAD work permit authorization and can work for any employer/company on W2 basis.
2)You just explain them with its use.Mostly everyone know about EAD is used for..
3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..
HTH,
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
1)Just say them that you have EAD work permit authorization and can work for any employer/company on W2 basis.
2)You just explain them with its use.Mostly everyone know about EAD is used for..
3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..
HTH,
more...
h4visa
07-27 01:26 PM
what H1 and H4 has to do? Once you start using EAD..your current status has no impact. On EAD, you can do multiple jobs but similiar description.
-M
what about H4? I believe no job description is required...rt? I mean once H4 gets EAD. Pls reply
-M
what about H4? I believe no job description is required...rt? I mean once H4 gets EAD. Pls reply
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snowshoe
12-18 08:53 AM
Raj,
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.
Can you please let me know:
- which Mexican consulate did you get your Mexican tourist visa?
- did you take an appointment before going to the consulate?
- what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
- did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.
Thanks again.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
more...
Munna Bhai
07-12 12:08 PM
This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.
Are you sure on this? If this is true, this can be really helpful for some folks.
yes, it is true and it will not only help some folks, it will help lot of people on H1b and if you can find more information by contacting attorney, please share with everyone.
I am trying to get as much as possible info. regarding this issue.
Thanks,
-M
Are you sure on this? If this is true, this can be really helpful for some folks.
yes, it is true and it will not only help some folks, it will help lot of people on H1b and if you can find more information by contacting attorney, please share with everyone.
I am trying to get as much as possible info. regarding this issue.
Thanks,
-M
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akred
06-03 02:17 PM
akred,
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
more...
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pal351
01-05 11:31 AM
Hi Chris,
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
What do you mean by " expedite my petion by calling to customercare." on what basis they did for you? can please elobarate it bit more.
Thanks,
-Pal.
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
What do you mean by " expedite my petion by calling to customercare." on what basis they did for you? can please elobarate it bit more.
Thanks,
-Pal.
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Munna Bhai
01-09 01:01 PM
Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
what that RFE was for?? could you please share, if ability to pay, then how much was written on your application and what is your education etc.
Thank you very much.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
what that RFE was for?? could you please share, if ability to pay, then how much was written on your application and what is your education etc.
Thank you very much.
more...
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H1B-GC
06-25 09:54 AM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
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chanduv23
10-23 07:50 PM
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GCwaitforever
04-10 02:21 PM
Also lots of people are putting the PD as April 1st 2001. Not sure if this is correct.
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Milind123
07-26 12:02 PM
USCIS - Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status (12/03/09 N version) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Phoenix or Dallas Lockbox, based on where you live.
I think this box is applicable to you
Based on a pending or approved Form I-140, Immigrant Petition for Alien Worker. (Note: You cannot concurrently file form I-485 and form I-140 at a USCIS Lockbox facility at this time. Refer to the Filing Instructions on Form I-140 if you want to file the forms concurrently.)
(You must include a copy of the Form I-797C Notice of Action, showing that your Form I-140 was accepted or approved.)
Please note the addresses were revised fairly recently (12/03/2009). Your lawyer may not be aware of that.
USCIS Phoenix or Dallas Lockbox, based on where you live.
I think this box is applicable to you
Based on a pending or approved Form I-140, Immigrant Petition for Alien Worker. (Note: You cannot concurrently file form I-485 and form I-140 at a USCIS Lockbox facility at this time. Refer to the Filing Instructions on Form I-140 if you want to file the forms concurrently.)
(You must include a copy of the Form I-797C Notice of Action, showing that your Form I-140 was accepted or approved.)
Please note the addresses were revised fairly recently (12/03/2009). Your lawyer may not be aware of that.
more...
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kzinjuwadia
05-25 01:27 PM
Hi,
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.
Is it risky or inviting a risk by taking infopass apt. ?
Do you think I should have waited ?
please reply if anyone have any idea.
Thank you,
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
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at0474
01-09 03:45 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
--LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.
EB3 quota is like a spoon of rice from a bag of basmati :))
--LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.
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sagar_nyc
02-11 12:00 PM
Yes My 140 was approved close to Sept 19.. Thanks
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
sanbaj
02-20 10:12 AM
Your lawyer or any competent lawyer should be able to interfile your application. The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. As per today's EB2/EB3 PD scenario, interfile is the best option for you. Earlier PD transfers ruled when EB2 PD used to be ahead of EB3 PD. Now, EB2 PD is Unavailable. Again, get a competent lawyer who has extensive experience in this particular issue.
The following thread has most of the information and knowledge you would need: http://immigrationvoice.org/forum/showthread.php?t=912&highlight=transfer.
Best of luck !!
The following thread has most of the information and knowledge you would need: http://immigrationvoice.org/forum/showthread.php?t=912&highlight=transfer.
Best of luck !!
gc_perm2k6
03-06 01:38 PM
Both the points are very reasonable. Lets try to send letters.
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