amitkhare77
08-14 11:20 PM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
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franklin
01-23 03:12 PM
That's certainly a lot better than the "spam" i got from Senator Feinstein.
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.
Hardly a huge surprise, but I'm writing back
eager_immi
02-12 10:43 PM
mine took 2 weeks in Vermont.. or wherever they moved it to. My friends took 1 week from houston.
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loveNpeace
08-02 10:29 PM
Hello,
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.
Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....
Thank you
Tina
okay thanks for your replies..let me reiterate my situation.
I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.
Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
Please help answer my question....
Thank you
Tina
more...
miamikk
02-06 08:49 PM
I was able to file for COS on my own and successfully got it approved. The process took just about a month.
sammyb
05-02 09:54 AM
Read this on recent news letter ...
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
more...
gc78
10-09 02:00 PM
I had to travel to Switzerland recently and was in a similar situation. I explained to the visa officer that my H1B stamp had expired and was planning on using AP for travel. She was fine with it, mentioned that AP supersedes H1B stamp anyway and issued the Swiss visa.
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cinqsit
09-16 12:37 PM
i read somewhere on the forums that fbi name check and fingerprinting checks are two different checks carried out separately.
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
more...
iptel
07-18 05:19 PM
I agree with Dixie. I feel there is no point in seeing visa bulletin or calculating date for EB3 until some law passes.
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ab_tak_chappan
08-12 10:06 PM
To celebrate the success :D
more...
ramus
06-11 07:40 PM
This is not good statement.
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
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Pagal
09-22 09:17 AM
Hello,
The cards and notices for my family did multiple rounds of 'undelivered' mail .... it is quite frustrating as the USPS doesn't fail to deliver any and all junk mail, but doesn't blink twice before sending back the USCIS communication as undeliverable ... wish they were equally prompt with junk mail as well! :rolleyes:
It took about 4-6 weeks to resolve the drama ... didn't open SR, just called the standard USCIS number and changed the address to that of my lawyer ... lawyer received one card, other came to my home address and some notices were sent to an address that I had in 2005!!! Didn't bother with returned notices (welcomes and card production ordered etc) ... have our cards now and have also traveled abroad and returned to US with new cards without any issue...
In short, it is a hit and miss game ... but normally, it all works out fine in the end...
The cards and notices for my family did multiple rounds of 'undelivered' mail .... it is quite frustrating as the USPS doesn't fail to deliver any and all junk mail, but doesn't blink twice before sending back the USCIS communication as undeliverable ... wish they were equally prompt with junk mail as well! :rolleyes:
It took about 4-6 weeks to resolve the drama ... didn't open SR, just called the standard USCIS number and changed the address to that of my lawyer ... lawyer received one card, other came to my home address and some notices were sent to an address that I had in 2005!!! Didn't bother with returned notices (welcomes and card production ordered etc) ... have our cards now and have also traveled abroad and returned to US with new cards without any issue...
In short, it is a hit and miss game ... but normally, it all works out fine in the end...
more...
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Rajwaitingon140
11-15 11:46 PM
quizzer
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
What is raised SR means?
Mine also filed in DEC'2006; but no news yet.
Thanks
RT
Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.
But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.
Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.
Any comments pls?
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EB3_SEP04
07-13 07:37 PM
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
karanp25, I am assuming that was meant to be sarcastic.
I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.
some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.
karanp25, I am assuming that was meant to be sarcastic.
I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.
some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.
more...
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adurthy
11-07 11:35 AM
Hi,
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
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Blog Feeds
02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgop7eM2EiOzVxGvXzbHxAhx3aoxF8luRbq1_fPForh08KAnujgb7MO_hbwds0oCEvTBTv90JonrHJy_gP3aWa5Tf7zK36hsMV5Gys5qZhjUZ_Y28yGsIw5q_ViEqXGo4hYc9-qU5gT14M/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgop7eM2EiOzVxGvXzbHxAhx3aoxF8luRbq1_fPForh08KAnujgb7MO_hbwds0oCEvTBTv90JonrHJy_gP3aWa5Tf7zK36hsMV5Gys5qZhjUZ_Y28yGsIw5q_ViEqXGo4hYc9-qU5gT14M/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgop7eM2EiOzVxGvXzbHxAhx3aoxF8luRbq1_fPForh08KAnujgb7MO_hbwds0oCEvTBTv90JonrHJy_gP3aWa5Tf7zK36hsMV5Gys5qZhjUZ_Y28yGsIw5q_ViEqXGo4hYc9-qU5gT14M/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgop7eM2EiOzVxGvXzbHxAhx3aoxF8luRbq1_fPForh08KAnujgb7MO_hbwds0oCEvTBTv90JonrHJy_gP3aWa5Tf7zK36hsMV5Gys5qZhjUZ_Y28yGsIw5q_ViEqXGo4hYc9-qU5gT14M/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
more...
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morchu
05-08 04:29 PM
Hei... when you have the opportunity for an earlier PD just take it. Nobody can predict how EB1 PD will be in future. You loose nothing.
A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.
.... Since EB1 is current most of the times......
A more aggressive approach is to do concurrent filing for EB1-140 and another 485. But I wont do that.
.... Since EB1 is current most of the times......
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hemanth22
07-05 08:40 PM
or if some future entreprener gets so disgusted with this process and leaves the US and starts a world class company in another country la google
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
That will cause eyes to open of all the anti-immigration lobby and uscis/dos
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paskal
09-29 12:30 PM
Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).
it is of no help- the extension allows NEW applications. i do not see what it has to do with 485 processing- honestly this seems like gibberish to me.
here is the only way it makes sense: new NIW applicants that need a waiver can now apply under conrad and simeltaneously file for NIW and IF current they can file an AOS and get their spouses an EAD.
extension of conrad is an extension of a "J1 waiver"- nothing to do with NIW per se although we do need the waiver to prsues an NIW.
the one good thing here is that the limited extension means that congress ahs to return to this issue before march and so conrad will come up for discussion again. this from my pov is great! had they done a 5 year extension, we would not have got another quick shot at trying to get quota exmeptions. now..we need to be ready and work with the Senator's office on this....
btw gg- i got a letter from uscis confirming that my 5 year docs were received and verified and my AOS was considered "ready for processing". it does not help that my PD is not current of course, but it does confirm their acceptance of my 5 year completion!
paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
dingudi
03-12 07:18 PM
With retrogressio to last for years, I am also planning to pursue MBA. But again with IT experience , getting first MBA break is crucial.
Does anyone have idea, whether executive MBA or Part-Time MBA is better with following things in mind:
1) Being able to do it while working full time.
2) Career prospects after finishing
Does anyone have idea, whether executive MBA or Part-Time MBA is better with following things in mind:
1) Being able to do it while working full time.
2) Career prospects after finishing
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