pmpforgc
12-11 02:12 PM
Hi
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
I am trying to file Paper based Advance Parole ( I-131) for me and my family.
I have few questions regarding process and forms. Appriciate your hlep with those.
(1) I Last enetered as F-1. My F-1 visa stamp has expired. I currently have H-1B approved but never stamped on my passport. My I-140 approved and I-485 pending.
On form I-131 in section 3. "Class of admission" what I should write " F-1 "or "H-1B"?
(2) If I check on "More than One trip" in Part-7 section -1 of the form, does the process differ in any way? Does it need any extra fee? Does it need any extra document to support the multiple entry AP application? Will it affect approval in any way? How long (one yr two year?) is AP, once it is approved, is valid?
(3) I never had applied for EAD based on pending I-485 and does not intend to do so in near future.
Does I need to apply for EAD to get AP? and in Cover letter for my AP do I need to mention EAD or it is not required?
(4) For my sons ( 15 yrs age) can I sign as a person preparing form?
thanks for your help with AP application.
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Jaime
09-20 01:42 PM
Hey Jaime you seem to be all charged up!!
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
franklin
07-17 06:06 PM
Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute
:D
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ndbhatt
06-23 12:11 AM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.
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njboy
07-24 03:29 PM
we've asked for changes which require laws/amendments to be enacted.This has so far, not got us anywhere. What about asking for more liberal interpretations of the present laws? This can be done with something as simple as a memo sent by USCIS director. What can we ask for-
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
sanju_dba
12-21 12:36 PM
Hi,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
My understanding is you can setup business even with your H1 status, and has no dependency on 485.
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
My understanding is you can setup business even with your H1 status, and has no dependency on 485.
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sdas
12-02 10:28 PM
but, the title of your thread sure sounded like an AD. You could have titled it as "Need advice on H2-B non immigrant visa" or something like that..
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reachinus
08-07 10:03 AM
Really a very good one. I may be one of the infected person as well. Thanks for the post.
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krishnam70
05-01 04:48 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up
- cheers
kris
Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up
- cheers
kris
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GCwaitforever
06-15 09:26 AM
You can send your story to public@nytimes.com. I am typing up mine as we speak. ;)
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Ramba
07-29 12:55 PM
He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).
As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.
http://www.uscis.gov/files/form/I-131instr.pdf
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gc_lover
07-02 09:52 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Door opens both ways in and OUT!
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
Door opens both ways in and OUT!
more...
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lj_rr
07-30 10:55 AM
Any response?
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
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rique71
05-17 02:56 PM
ok thanks
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leoindiano
07-19 08:17 AM
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
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raviram1980
01-15 01:19 PM
Thanks a lot for your reply and to everyone else who replied to my thread
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kghoshal
02-18 06:49 PM
Last December, 2006 I got laid off because of company downsizing. My last pay stub was dated 12/15/2006. My LC was pending more than 365 days in my last company. Recently I got new job offer. My new company attorney is collecting all my immigration related information for filing H1-B extension from me. I have almost 60 days employment gap when my new company attorney file my 8th year H1-B extension.
I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.
I like to know the consequence of my 60 days employment gap. Whether my H1-B extension will be denied by USCIS? I will greatly appreciate your valuable suggestions as I am very much worried.
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optimist578
01-02 11:11 AM
What is the reason specified by applicants who have their Labor approved but I-140 pending, to extend their H-1 visa beyond the 6-yr limit ?
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WeShallOvercome
07-18 12:15 PM
Guys,
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
Do you think they will do that after all this noise ?
NO WAY !
Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?
Do you think they will do that after all this noise ?
NO WAY !
RajForGC
06-07 04:09 PM
I am in the same boat, I am support of the Immigrtion bill but I have already 2 labor and 2 140's , 2nd or last 140 is after May 15 , which I used to file 485. So I think this Bill or some of the Amd of the Bill will kill me somehow , rahter gettting GC with in Next 6 months , I have to wait till 2009. Hope this bill will rejected now and come up with Better one which will help every one then sending back home people who already have family and house in US.
number30
04-07 07:08 PM
Thats a little strange, as employers now a days are suggesting to use EAD instead
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.
It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.