finimits
05-03 10:01 AM
So I will automatically get a 3 year extension when I do the H1B transfer to the new company? Is that because I have a I-140 approval already? I guess I need to show that and the PERM copy. Correct?
needhelp!
10-22 05:37 PM
I can't do it all by myself...
ujjwal_p
06-02 06:12 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
rajnag21
07-17 05:51 PM
First of all thanks to IV core team,logiclife,pappu and all the others who have made this possible for the rest of us !
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
more...
gsk_73
03-17 02:39 PM
Thanks for your response. Yes, I am in biological research. I Hope it does not take longer than 2-3 weeks. Also I see posts for Blue, green, yellow slips and everyone seems to be stuck for long. However there are hardly any cases for Pink slip, WHY?? is it that hardly anyone gets a pink slip or they seems to have less problems so no one bothers to post it here?
GEEGEE
07-24 10:10 PM
Hello,
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
I too have the same problem, have sent the documents for filing I-485, mostly it will be filed before 17th Aug 2007. My passport is expiring on Dec 2007. I had sent it for renewal.
Will that be ok to file I-485 with old passport which would be expiring in Dec 2007?
thanks..
more...
EkAurAaya
06-01 06:18 PM
It doesnt matter at what day you apply, there are a lot of applications "pending" from before that will take up the "available" visa numbers, we still have to go through name check and other stuff that takes forever :D its a black hole all you can do is pray and hope your application gets looked at soon and the visa #'s stay current for atleast another 3 months.
AnalyzeThis
03-19 12:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
more...
anilsal
12-26 02:02 PM
http://tinyurl.com/yew4e3
I am sure someone from NJ has already contacted this person?
I am sure someone from NJ has already contacted this person?
finimits
05-03 09:55 AM
Hi Saji007,
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
more...
titu1972
11-07 01:11 PM
I have applied my I-131 through e-file. Immediately I got the receipt no(LIN##########).
Can anybody tell me what supporting document I need to send to NSC.
By the way, I got my EAD. I don't want to spend money such stupid form fill up which takes 10 min by the attorney.
Can anybody tell me what supporting document I need to send to NSC.
By the way, I got my EAD. I don't want to spend money such stupid form fill up which takes 10 min by the attorney.
Pagal
02-02 02:33 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
more...
tinamatthew
07-20 07:36 PM
Can someone post where they have stopped issuing interim EADs. I have not come across any USCIS specific website.
Thanks
I know I have read it on the USCIS website...I'll get it for you
Thanks
I know I have read it on the USCIS website...I'll get it for you
vijayfx35
03-02 06:16 PM
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
more...
hopefulgc
03-14 10:09 AM
Ask for 3 year validity also.
Also if the guy is renewing ead/ap, it can and should happen electronically.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
Also if the guy is renewing ead/ap, it can and should happen electronically.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
hibworker
12-21 11:57 AM
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
There is no fees for bringing foreign exchange into India. It is applicable to all passengers irrespective of their nationality or purpose of visit to India. However no import of Indian money is allowed by non resident Indians / foreign nationals. Indian residents can bring in up to Rs. 7.500.
Wonder where I am getting these details? From Indian customs' site: Baggage Rules at a glance - CBEC (http://www.cbec.gov.in/travellers.htm)
There is no fees for bringing foreign exchange into India. It is applicable to all passengers irrespective of their nationality or purpose of visit to India. However no import of Indian money is allowed by non resident Indians / foreign nationals. Indian residents can bring in up to Rs. 7.500.
Wonder where I am getting these details? From Indian customs' site: Baggage Rules at a glance - CBEC (http://www.cbec.gov.in/travellers.htm)
more...
digital2k
08-06 12:39 PM
*
ksrk
08-14 08:08 PM
Hi Omved,
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
chadoubra
06-21 01:52 PM
I found this website regarding Nogales and Mexican visa's. It may be helpful. Unfortunately, i'm from africa and need a visa :(
Q: Do I need a Mexico Visa to visit Nogales U.S. Consulate?
A: If you are in the following list of Nationalities you just need an FMT Tourist Card Click here to see sample FMT form Andorra, Argentina, Australia, Austria, Belgium, Canada, Czech Republic, Chile, Costa Rica, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, *Hong Kong,* Hungary, Ireland, Iceland, Israel, Italy, Japan, Latvia, Lichtenstein, Lithuania, Luxemburg, Malta Monaco, Norway, New, Zealand, Poland Portugal, San Marino, Singapore, Slovenia, Slovakia, South Korea, Spain, Sweden, Switzerland, The Netherlands, United Kingdom, Uruguay, United States of America.
* Chinese citizens with passports issued by the Hong Kong Special Administrative Region*
Q: What nationalities need Mexico Visa to visit Nogales U.S. Consulate?
A: The following are some of the nationalities that need Mexico Visa. Mexico Immigration Consultants can file on your behalf for Mexico permit you do not need to be present and we can expedite it in 5 to 10 days: Brazil, Cameroon, China, Colombia, Dominican Republic, Ecuador, Egypt, El Salvador, Guatemala, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Lebanon, Malaysia, Nepal, Niger, Nigeria, Pakistan, Paraguay, Peru, Philippines, Russian Federation, South Africa, Thailand & Turkey.
http://www.sandiegoleisure.com/NOGALESCONSULATETRIP.html
Q: Do I need a Mexico Visa to visit Nogales U.S. Consulate?
A: If you are in the following list of Nationalities you just need an FMT Tourist Card Click here to see sample FMT form Andorra, Argentina, Australia, Austria, Belgium, Canada, Czech Republic, Chile, Costa Rica, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, *Hong Kong,* Hungary, Ireland, Iceland, Israel, Italy, Japan, Latvia, Lichtenstein, Lithuania, Luxemburg, Malta Monaco, Norway, New, Zealand, Poland Portugal, San Marino, Singapore, Slovenia, Slovakia, South Korea, Spain, Sweden, Switzerland, The Netherlands, United Kingdom, Uruguay, United States of America.
* Chinese citizens with passports issued by the Hong Kong Special Administrative Region*
Q: What nationalities need Mexico Visa to visit Nogales U.S. Consulate?
A: The following are some of the nationalities that need Mexico Visa. Mexico Immigration Consultants can file on your behalf for Mexico permit you do not need to be present and we can expedite it in 5 to 10 days: Brazil, Cameroon, China, Colombia, Dominican Republic, Ecuador, Egypt, El Salvador, Guatemala, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Lebanon, Malaysia, Nepal, Niger, Nigeria, Pakistan, Paraguay, Peru, Philippines, Russian Federation, South Africa, Thailand & Turkey.
http://www.sandiegoleisure.com/NOGALESCONSULATETRIP.html
akred
07-14 06:31 PM
You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.
thakgaya
03-29 08:30 PM
I also got the same mail and I sent the letter to my company attorney who responded.
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.
EB3 Priority Date : Oct 2003
EB2 Priority Date: Mar 2006
I485 Filed - July 31,2007
2 EAD's
3 AP's
I 485 Approval Notice email - 26 Mar 2010
0 comments:
Post a Comment