ashres11
02-24 06:39 PM
My wife went to India for 15 days and she is coming back on sunday at EWR. She is on h1 and joining to different compnay as full time base on EAD. She is my dependent.
She went India with all original of AP approval, EAD , copy of EAD, I485, I131 (Not original) and original copy of h1b approval. She is planning to comeback on AP. Is that law that person must carry original i485 receipt when come back on advance parole.
My wife original I485 receipt is with lawyer, when I asked him about original, he said it is not required when you are coming back on AP. Copy should be fine.
Now when discussed with some freinds they said original I485 reciept required when coming back on I485. I am not sure how to handle it.
She went India with all original of AP approval, EAD , copy of EAD, I485, I131 (Not original) and original copy of h1b approval. She is planning to comeback on AP. Is that law that person must carry original i485 receipt when come back on advance parole.
My wife original I485 receipt is with lawyer, when I asked him about original, he said it is not required when you are coming back on AP. Copy should be fine.
Now when discussed with some freinds they said original I485 reciept required when coming back on I485. I am not sure how to handle it.
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WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
thesaintmav
10-15 09:20 PM
I need some advice.
I have a PD of November 9th 2001 (EB3).
My 140 and 485 was filed on August 2003.
My 140 was approved in Feb 2004.
I am now retrogressed with the November Visa bulletin showing an April 22nd 2001 PD for EB3.
As we can all see EB3 is move very very slowly and probably will continue this way (I hope I am wrong), while EB2 is already current for my PD.
From my information and some threads on this forum. I believe I have the option of filing for an EB2, while maintaining my current PD.
My Questions:
1. Does it make sense for me to refile in EB2, given my situation? PD Nov 2001 in EB3.
2. Can I apply for EB2 through the same company. (my current company)?
3. What is the process of doing so (EB3 to EB2)? Would I have to refile for labor, 140 and 485, or is their a way I could directly file for I485, since my I140 is approved and I am in the same company.
4. Would the EB2 case be a new case altogether, i.e. not related to my existing EB3 case again providing the fact that I have NOT changed employers?
5. Would I be able to use the experience I have gathered in my current job (5.5 years) in the EB2 conversion.
I will appreciate your help.
Thanks
I have a PD of November 9th 2001 (EB3).
My 140 and 485 was filed on August 2003.
My 140 was approved in Feb 2004.
I am now retrogressed with the November Visa bulletin showing an April 22nd 2001 PD for EB3.
As we can all see EB3 is move very very slowly and probably will continue this way (I hope I am wrong), while EB2 is already current for my PD.
From my information and some threads on this forum. I believe I have the option of filing for an EB2, while maintaining my current PD.
My Questions:
1. Does it make sense for me to refile in EB2, given my situation? PD Nov 2001 in EB3.
2. Can I apply for EB2 through the same company. (my current company)?
3. What is the process of doing so (EB3 to EB2)? Would I have to refile for labor, 140 and 485, or is their a way I could directly file for I485, since my I140 is approved and I am in the same company.
4. Would the EB2 case be a new case altogether, i.e. not related to my existing EB3 case again providing the fact that I have NOT changed employers?
5. Would I be able to use the experience I have gathered in my current job (5.5 years) in the EB2 conversion.
I will appreciate your help.
Thanks
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gcformeornot
11-03 02:40 PM
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
you lawyer or employer can contact...
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
you lawyer or employer can contact...
more...
ss1026
06-23 01:57 AM
From the horse's mouth
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
ranand00
05-10 09:36 PM
My status says the same except date is dec 12th 2007.
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
i am also stuck in backlog.i think it is a system glitch.must have been an old finger printing notice
thanks
anand
more...
Dom_
07-30 03:20 AM
this one is very cool
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praveen2008
03-29 04:03 PM
Hello,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
more...
zephyrr
05-22 09:40 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.
anyone been through this situation and has more details?
thanks
anyone been through this situation and has more details?
thanks
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diptam
07-29 04:40 PM
I dont know if USCIS requires this format or not but i submitted my 140 with this letter format... By the way - my 140 is not yet approved its pending for 3 Months at Nebraska.
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
more...
siva143viji
03-24 10:10 PM
hi guys i need some help i send all my paper works lost friday. Is it true tht if tht paper work reaches them before 1st april they wont consider it. Do i have to send all the information again then. Please let me know it will be of great help
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hoolahoous
02-10 10:54 AM
some retaliations (for wistleblowers) based on race, ethnicity etc. are illegal. however if it was just because they didn't agree with your behavior or business related thoughts then they are perfectly okay firing you.
saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)
-----------------------------------------
I am not a lawyer. do not take this as a legal advice.
saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)
-----------------------------------------
I am not a lawyer. do not take this as a legal advice.
more...
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deeru
04-02 12:55 PM
bump.....
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milind70
06-18 10:08 AM
My birth certificate does not have my name on it. (in india it is OK to name the new born a few weeks after birth.) so it just says "baby boy" on it:)
Do i need an affidavit from my parents mentioning my name?
Yes you need affidavits from your parents ,it is a common practise in India where the baby is named by the aunt in a naming ceremony
Do i need an affidavit from my parents mentioning my name?
Yes you need affidavits from your parents ,it is a common practise in India where the baby is named by the aunt in a naming ceremony
more...
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small2006
11-10 02:14 PM
:) One of my fav movies of all time.
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chnaveen
09-10 04:28 PM
Guys,
It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).
It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).
more...
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happy2006
05-20 07:45 PM
HI
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
My wife is US citizen and I am applying GC through her. We need to goto India for her sister's wedding on Aug 9th. How long does it take for AP to be approved? Can we expedite AP for wedding reason or should we do only for medical reason ? We live in California.
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uppaji
10-27 03:28 PM
Hi,
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
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jimithing
02-19 06:08 PM
Yes, I found it.
Thanks kondur_007!
Thanks kondur_007!
roseball
10-18 12:34 PM
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
krishnam70
05-04 06:42 PM
My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
He could have done that few years go but not now. The rules have changed they have a system called SEVIS(post 9/11) and he has to go to the same university for which he has got the stamping and once he joins them and completes a semester or two he can transfer to the new school by following the procedure.
- cheers
kris
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
He could have done that few years go but not now. The rules have changed they have a system called SEVIS(post 9/11) and he has to go to the same university for which he has got the stamping and once he joins them and completes a semester or two he can transfer to the new school by following the procedure.
- cheers
kris
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