cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
milind70
11-06 12:49 PM
I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
iv_newbie_2007
06-16 07:16 PM
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
What will be my status till Oct 1st from the day my H1 is approved?
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
Please help me out.
Thanks
What will be my status till Oct 1st from the day my H1 is approved?
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
Please help me out.
Thanks
LostInGCProcess
11-12 01:28 PM
Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.
If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.
If you are traveling on AP, you need transit visa via Germany.
Quote from the German Mission web site:
Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:
AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY
Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:
1. If they hold a valid visa for the United States of America
2. If they return from the USA after having used the visa
3. If they hold one of the following residence permits:
* Form I-551 permanent resident card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (no expiry date),
* Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
* Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
* Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
* Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).
If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.
If you are traveling on AP, you need transit visa via Germany.
Quote from the German Mission web site:
Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:
AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY
Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:
1. If they hold a valid visa for the United States of America
2. If they return from the USA after having used the visa
3. If they hold one of the following residence permits:
* Form I-551 permanent resident card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (no expiry date),
* Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
* Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
* Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
* Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).
more...
newyorker123
09-28 10:53 AM
Yes. You can file another FOIA to get the I-140 approval notice.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.
A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.
I hope this helps.
Thanks friend, I already know the A# so I will just put it in.
pathmaker
09-18 11:16 PM
What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?"
You should have no issues and your case should not be denied based on Medical grounds read more on the following
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
contact your attorny
-pratap
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?"
You should have no issues and your case should not be denied based on Medical grounds read more on the following
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
contact your attorny
-pratap
more...
pa_arora
07-17 12:32 PM
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.
- From Greg Siskind blog
- From Greg Siskind blog
akred
04-11 03:33 PM
IMO conventional is always better unless you are buying a condo. Few people stick with their loan long enough to recoup the cost of the initial mortgage insurance.
Conventional loans are not harder to get with a low down payment. Best to shop around to find a lender who can meet your terms.
Conventional loans are not harder to get with a low down payment. Best to shop around to find a lender who can meet your terms.
more...
NIW
02-24 12:46 PM
Hey IAspire,
Welcome aboard!
Rest assured, you will be viewing this website/e-mailing questions/answering others' questions for at least a decade unless the middle east revolution spreads to the west.
Even after spending tens of hours of reading, consulting with lawyers and scratching heads countless times, still the green card process is confusing to most of us on this site. Honestly, its a tedious, intricate process that demands lot of patience, hard work, luck and money.
Hey! I'm not trying to scare you but if you were born in India, its been that way for quite some time. I guess you need to do some serious reading about the entire process and especially your scenario. Just google, you'll be inundated with ocean of information. Then you may have some idea about the time frames of getting the EAD or GC or Citizenship or whatever. Good luck!
Welcome aboard!
Rest assured, you will be viewing this website/e-mailing questions/answering others' questions for at least a decade unless the middle east revolution spreads to the west.
Even after spending tens of hours of reading, consulting with lawyers and scratching heads countless times, still the green card process is confusing to most of us on this site. Honestly, its a tedious, intricate process that demands lot of patience, hard work, luck and money.
Hey! I'm not trying to scare you but if you were born in India, its been that way for quite some time. I guess you need to do some serious reading about the entire process and especially your scenario. Just google, you'll be inundated with ocean of information. Then you may have some idea about the time frames of getting the EAD or GC or Citizenship or whatever. Good luck!
Michael chertoff
08-04 03:09 PM
Someone gave me red for this post...i dont understant why???
more...
Enebreus
01-20 10:13 AM
I thought it was kind of inherent in a programming competition. If he would allow external libraries, the contests could become jigsaw puzzle contests where the person who could find the best open source libraries, and piece them together properly could beat someone who made something completely from scratch.
I appreciate where you're coming from.
When I interpreted the rules/intent of the competition I didn't see anything wrong with using Box2D.
I think I made something awesome no matter what happens. I'm happy with the final product and everything I've learned making it. I'd just hate to see it disqualified because someone assumed I'd know not to use external libraries or external audio.
ps: can you post your code? and btw... i like what you did with your swarming code :)
You can grab the earlier version of the Swarming code from my blog here:
http://blog.organa.ca/?p=34
I share the code for most of my projects so feel free to browse around.
In order to share the current version I'd have to do a lot of cleaning up... for example I wrote 5 different ways of handling broad level hit detection. At this point I would have to rewrite it to make it sharable.
I appreciate where you're coming from.
When I interpreted the rules/intent of the competition I didn't see anything wrong with using Box2D.
I think I made something awesome no matter what happens. I'm happy with the final product and everything I've learned making it. I'd just hate to see it disqualified because someone assumed I'd know not to use external libraries or external audio.
ps: can you post your code? and btw... i like what you did with your swarming code :)
You can grab the earlier version of the Swarming code from my blog here:
http://blog.organa.ca/?p=34
I share the code for most of my projects so feel free to browse around.
In order to share the current version I'd have to do a lot of cleaning up... for example I wrote 5 different ways of handling broad level hit detection. At this point I would have to rewrite it to make it sharable.
kvranand
08-18 04:19 PM
This process will extended the life of H1's by another 3 years for those who are in their 6th year of H1 with priority dates in their 6th year. :)
more...
pd_recapturing
02-29 03:16 PM
Oh my God. This is too much. I cant believe it that these desi blood suckers employers can go to that level. This is height of explotation that person even does not know that when exactly his labor and I140 got applied.
Gazman
09-23 03:22 PM
To determine mouse movement direction I think you will have to make some code.
Here is a C# example on how to accomplish this:
http://bytes.com/topic/c-sharp/answers/256606-determine-mouse-movement-direction
Perhaps call this code with a timer.
Here is a C# example on how to accomplish this:
http://bytes.com/topic/c-sharp/answers/256606-determine-mouse-movement-direction
Perhaps call this code with a timer.
more...
Krish09
06-27 03:41 PM
Hi Everyone, I need suggestion regarding my present situation. I got H1B approved for the year 2009. But my H1B was approved as to be get stamped in INDIA. I am is currently in USA since August 2008 on B1 Visa (10 years multiple) and the B1 I 94 getting expired on August 3rd 2009.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
Company A filed my H-1B on April 1st, 2008 and my case got selected in the lottery. I have waited until August, 2008 for my H-1B approval, It didn't happened any status update. I came to USA with B1 on a business visit to Company A. I have waited another 2 months but nothing happened to my H-1B and was upgraded to Premium processing on November 13th, 2008. There was a query on the H1B and Company A was not able to clear that to USCIS. That H1B case was withdrawn by Company A. So I applied new H1B thru Company C on April 1st 2009 and the H1B was approved on 3rd week of June 2009
Now my B1 I-94 is getting expired sometime in early August 2009, can I apply current B1 status change to H1B using the current H1B approval (Current B1 I-94 to H1 I-94)? so what are the options now.
Please advice me what can be done to get my transfer to H1B done without leaving the country.
vallabhu
07-30 05:30 PM
this spring�s defunct immigration bill partially replaced with a skills-based system.
This statement is confusing between SKILL BILL and Point based system bill.
I cannot make which one he has in mind for us, can you guys comment.
This statement is confusing between SKILL BILL and Point based system bill.
I cannot make which one he has in mind for us, can you guys comment.
more...
ajay
04-11 03:17 PM
Check this link:
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
Gator
04-09 11:38 PM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
crazy_gc
07-22 08:03 AM
application 485 - Part 2 Application type
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
vivache
11-02 04:27 PM
Thanks for all the responses.
I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.
I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.
kaisersose
04-16 03:17 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
0 comments:
Post a Comment