amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
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waitingGC
01-10 02:35 PM
The VBs normally come out on Fridays. So this month's VB will probably be on DOS's website this Friday. But I don't see any positive sign for EB movements. We will be lucky if EB2 and EB3 don't retrogress again, according to DOS's hint last month. To be realistic, there won't be any significant movement without any bills favoring immigration passed.
va_dude
05-06 02:53 PM
Most states would have domicile requirements that require you to have resided in the state for x number of months/years.
It could be as little as 1 year.
In VA its 1 year.
It could be as little as 1 year.
In VA its 1 year.
2011 San Francisco, CA, Golden Gate
MatsP
July 4th, 2006, 01:19 PM
Welcome to Dphoto, 12bar.
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
Dumb rookie questions are more fun than Pro' questions in my opinion. Mostly because I'm able to answer them...
Although I enjoy motorcycles, I'm not really a BMW fan (just don't really fancy them, nothing in particular, just not my type of bike... More of a japanese race-bike type of guy).
Guitarrs tend to not work at all for me... :-(
But I'm happy to answer any questions you may have - assuming I know the answer, or am able to figure out something that sounds realistic ;-)
--
Mats
more...
kannan
11-17 12:42 PM
Hi
Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....
Just now I noticed my previous H1 renewal papers,In that My first H1 expired on Feb 20 2002. My previous employer applied the extension and got the approval but Receipt date on that application was Feb 26 2002, (Six days after the first H1 expired date) and got approved in Jun 2002 .Is it a problem,I never went outside US after I came here.Now I am in AOS status....
lostinbeta
10-06 12:09 AM
With the first question what it sounds like you want to do is open your image (you may have to copy and paste it into a new document, not sure)...
Select the layer with your image then go to Image/Adjustments/Hue Saturation (this is in Photoshop 7, it is still under the Image menu in 6, but Adjustments was named something else, which I forget now)
Then check the colorize checkbox and slide the sliders to the color you want.
As for your second question, yes it is possible. You can use the Lasso tool. If you have the toolbar pallette open, it is the tool right under that Rectangle Marquee tool. You can right click on the lasso tool to choose between 3 different types of lassos. The rounded one is to select an area freehand style, the jaggety one is to select an area by clicking points, and the one with the magnet allows you to better outline things.
I hope this helps. If not, reply back:)
PS: It is lostinbeta not lostinbest :evil: :P
Select the layer with your image then go to Image/Adjustments/Hue Saturation (this is in Photoshop 7, it is still under the Image menu in 6, but Adjustments was named something else, which I forget now)
Then check the colorize checkbox and slide the sliders to the color you want.
As for your second question, yes it is possible. You can use the Lasso tool. If you have the toolbar pallette open, it is the tool right under that Rectangle Marquee tool. You can right click on the lasso tool to choose between 3 different types of lassos. The rounded one is to select an area freehand style, the jaggety one is to select an area by clicking points, and the one with the magnet allows you to better outline things.
I hope this helps. If not, reply back:)
PS: It is lostinbeta not lostinbest :evil: :P
more...
willgetgc2005
04-28 02:51 PM
Bumping up.....
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ZeroComplexity
03-13 03:11 PM
IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
more...
viper673
07-24 03:20 PM
If I'm not mistaken, PD is only linked to your I-140 receipt notice as it is specifically for labor authorization / certification.
As long as it shows on your I-140, you should be fine.
As long as it shows on your I-140, you should be fine.
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gregspirited
09-22 02:13 PM
I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
more...
bskrishna
02-28 02:13 PM
Can some one in L1B apply for EB1? I thought only L1 A were eligible to apply in EB1....
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life99f
03-24 04:17 PM
Yes, I know that.
what I am not sure is whether I should wait till Oct 1 to start work in that company.
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
what I am not sure is whether I should wait till Oct 1 to start work in that company.
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
more...
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meridiani.planum
05-15 06:42 PM
(one last bump up...)
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
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fromnaija
09-14 11:42 AM
I think you can only work for 240 days on a pending H1 extension application. If your application is not approved in 240 days you may be out of status. Please talk to your attorney to confirm this.
On pending H1 extention there is no limit for how long you can keep working.
On pending H1 extention there is no limit for how long you can keep working.
more...
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krishnam70
02-23 10:19 AM
I want to transfer my H1 , I got aproject . But I dont have Jan Pay stub . I have up to Dec 2008. will it cause any problem for transferuess
I guess your question has been answered many times.. If you do manage to get the H1 filed there will definitely be an RFE. Instead please try to speak to your employer and get the pay for the time you were off the project as he is legally supposed to pay your salary even if you were off project. You can always request payroll's run for backdated wages. If you are not able to convince your employer to pay you file a complaint against them at DOL and then apply for H1 transfer with supporting information so that the USCIS gets to know that it is not due to a fault of yours that you are unable to produce the pay stubs
- cheers
kris
I guess your question has been answered many times.. If you do manage to get the H1 filed there will definitely be an RFE. Instead please try to speak to your employer and get the pay for the time you were off the project as he is legally supposed to pay your salary even if you were off project. You can always request payroll's run for backdated wages. If you are not able to convince your employer to pay you file a complaint against them at DOL and then apply for H1 transfer with supporting information so that the USCIS gets to know that it is not due to a fault of yours that you are unable to produce the pay stubs
- cheers
kris
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Kapils573
12-11 12:55 PM
Priority date : May 2006
EAD : 2 yrs
EAD : 2 yrs
more...
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hariswaminathan
10-04 01:02 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
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rajuram
01-31 09:37 PM
don't waste your time predicting.
Correct, donot waste your time predicting, rather use it for packing your bags!!
Correct, donot waste your time predicting, rather use it for packing your bags!!
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waiting_4_gc
08-24 08:00 PM
Hello Gurus,
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
Here is my situation and I really appreciate your advice:
I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.
I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.
Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.
1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?
2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?
Thanks in advance!!!
India76
07-14 02:29 PM
Thanks for the reply...
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
TheCanadian
04-16 10:49 AM
Means you two have and 86% chance of makin' bacon.
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