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
amitjoey
07-18 01:02 PM
Please post on the media thread as well, to get attention.
drirshad
01-18 06:51 PM
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
nonimmi
07-02 10:03 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.
Did you ask your parents whether you were born legal??
Some of have that doubt. Can you clarify please?
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.
Did you ask your parents whether you were born legal??
Some of have that doubt. Can you clarify please?
more...
NoEnd
07-09 05:43 PM
I am in the same boat here. It took a huge effort to convince new company to process H1 and now their attorney is saying they can not file H1 unless I140 and LC copies are provided. My current company does not provide those documents.
I140 approval is more than 180 days. Please help guys
Thanks
NoEnd
I140 approval is more than 180 days. Please help guys
Thanks
NoEnd
ujjvalkoul
07-19 12:23 PM
read up about EAD and AC-21 RUle - Google it.
more...
ImmigrationAnswerMan
06-30 03:06 PM
Wish Good:
Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.
Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.
rotucan
12-12 06:16 PM
I have also OPT card with a A# and another alien number with 485.. I went to INFOPASS, the IO said that there is no problem.. the one in the OPT is a temporal number.... the new alien from 485 is the permanent:o
more...
kk_kk
05-12 02:10 PM
I have travelled via Frankfurt recently and you don't need a transit visa if
while going from USA to India
1. if your final destination is India and you hold Indian Passport
while coming from India to USA
2. AP is just fine.
while going from USA to India
1. if your final destination is India and you hold Indian Passport
while coming from India to USA
2. AP is just fine.
sanjay02
08-16 09:49 PM
Hi
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?
Thnks
more...
kcindian
05-29 11:21 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
raj1998
05-16 02:55 PM
USCIS - NEWS (http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=68439c7755cb9010VgnVCM10000045 f3d6a1RCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
more...
gcdeena
04-29 06:36 PM
Obama takes immigration reform off agenda
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
Obama takes immigration reform off agenda - Yahoo! News (http://news.yahoo.com/s/ap/20100429/ap_on_go_pr_wh/us_immigration_politics_3)
BUMMER :-(
WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.
The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.
"I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.
Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.
With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.
Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.
Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.
By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.
"If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.
House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.
Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.
Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.
"On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"
uppaji
10-02 06:48 PM
BTW, who are these mebers? are they members from INW magazine??
more...
rbalaji5
02-20 01:27 PM
Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.
Gurus - Please advise.
gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
more...
answers_seeker
07-18 10:25 AM
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.
This VB fiasco has made us all a little bit too paranoid I guess :)
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Greg's blog is referring to the very few applications that when filed to TSC were not accepted (as opposed to accepting and then sending it back). NSC as far as I can see has been holding onto applications all the time. Even in the worst case that they return after the 17 th of august by mistake, we can send it back since the original application was returned in error as per the revised visa bulletin.
This VB fiasco has made us all a little bit too paranoid I guess :)
gauravster
05-06 12:10 PM
While we are discussing this, I have another question. What if someone moves to a different company with similar role. I get it that the new employer will have to file for PERM and I-140, but is there something that can be done so that priority date is ported, assuming the previous I-140 has been approved when the shift happened and there is still more than 1 year left on H1B (either because < 6 years or because of 3 yr extensions after I-140 has been applied).
Thanks,
Gaurav
Thanks,
Gaurav
lvaka
09-02 09:24 PM
CORBA, is a Federal Government law to save individuals who loose job. Every insurance company should provide you this insurance for about 6 months (not sure about the length and price) at the Employer negotiated price. You should get a notification from your current insurance company each time you change your employer.
Then its upto you to take it for that limited time before you get your next job. What happens if we dont take the insurance in between? Next time you take insurance, if they find that u dont have insurance for some time, then they will not cover any pre existing conditions and they might ask you to take some tests. Its all headache.
But its worth finding out more details rather than ignoring it.
Then its upto you to take it for that limited time before you get your next job. What happens if we dont take the insurance in between? Next time you take insurance, if they find that u dont have insurance for some time, then they will not cover any pre existing conditions and they might ask you to take some tests. Its all headache.
But its worth finding out more details rather than ignoring it.
amsgc
08-22 10:05 PM
You had some numbers there, are they not good anymore?
Msg deleted
Msg deleted
Dhundhun
05-28 02:29 AM
New EAD starts after expiry of previous one.
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