gc_chahiye
10-26 03:43 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
I had the same concerns on reading the instructions on the I-131 pplication form for the AP.
On page 2:
"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."
And later on page 4 section III B 1 they go on to say:
You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons
However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.
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JunRN
12-17 07:37 PM
It your decision and must get a good lawyer. If I were you, I will file AC21.
sreeks925
02-03 04:24 AM
Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
http://ia.rediff.com/money/2006/feb/03visa.htm?q=tp&file=.htm
"Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.
To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.
"I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.
He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.
"It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.
He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."
"There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.
"And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.
He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."
Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'
". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.
http://ia.rediff.com/money/2006/feb/03visa.htm?q=tp&file=.htm
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ab_tak_chappan
08-13 12:46 AM
That's the spirit guys/gals :), Enjoy to the hilt. News will follow :D
loved the song.. heard so many times.. without knowing the detailed meaning :-)
I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
loved the song.. heard so many times.. without knowing the detailed meaning :-)
I think we all gather here for dancing munna bhai style.. and we'll find our individual reason soon :-)
more...
manand24
07-27 02:55 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
tabletpc
08-23 02:59 PM
But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
more...
TomPlate
12-03 12:27 PM
After an 2 years assume the project that I worked is closed. Initially the greencard was filed related to a requirement in the project. I got approved after 3 years. Since the project is closed, I cannot work on the project that was initially filed on Green card.
Now Explain me what we should do?
Now Explain me what we should do?
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chanduv23
09-03 09:06 PM
THIS EVENT HAS BEEN CALLED OFF DUE TO TIME CONSTRAINTS AND LOGISTICAL ISSUES.
We will be having a Pre Rally event in the Tri State Area on Saturday, the 8th of September. Everyone from the Tri State Area are expected to make it to this event. So please mark your calenders.
This venue for the event is currently being decided and will most probably be in a centralised location so that everyone can make it to the event with proper planning. The location will most probably be in Jersey City or Edison or Bridgewater and some volunteers are working on the venue finalization. It will most probably be an after lunch "Tea and Snacks" event.
Aman(waldenpond) and Himanshu(pappu) and other core members will be addressing IV members at the event.
It is very essential that members from the Tri State - NY NJ CT PA and also from surrounding areas make it to the event.
Please bring in all your friends, and also inform as many people as possible and do make it to the event.
A lot of important things will be discussed and a lot of questions will be answered.
I am adding a poll to this thread so please take the poll.
We will be having a Pre Rally event in the Tri State Area on Saturday, the 8th of September. Everyone from the Tri State Area are expected to make it to this event. So please mark your calenders.
This venue for the event is currently being decided and will most probably be in a centralised location so that everyone can make it to the event with proper planning. The location will most probably be in Jersey City or Edison or Bridgewater and some volunteers are working on the venue finalization. It will most probably be an after lunch "Tea and Snacks" event.
Aman(waldenpond) and Himanshu(pappu) and other core members will be addressing IV members at the event.
It is very essential that members from the Tri State - NY NJ CT PA and also from surrounding areas make it to the event.
Please bring in all your friends, and also inform as many people as possible and do make it to the event.
A lot of important things will be discussed and a lot of questions will be answered.
I am adding a poll to this thread so please take the poll.
more...
jonty_11
11-09 02:55 PM
Normally u get a recipt notice withing 2 weeks or submitting H1 application. Check to see if waht u have is a just receipt notice or a I-797 (H1B Doc).
Last I knew I94 shud be at the bottom of the I-797
Last I knew I94 shud be at the bottom of the I-797
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kanshul
02-01 07:46 AM
Please update your profile.
Did you file I485 (AOS) application?
Did you file I485 (AOS) application?
more...
gc_chahiye
08-15 05:32 AM
Hi,
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
I'm considering relocating back to India after getting my EAD since I don't know how long it's going to take to actually get the I-485 approved. My questions are:
1) Is it possible to continue to keep my I-485 application active if I relocate to India and work at the India office of the same company that filed my green card?
yes. Remember again: GC is for future job.
2) Is it possible to continue to keep my I-485 application active if I relocate to India and work for a company other than the one that filed my green card?
yes, provided you stayed with this company for atleast 180 days and have another employer here with whom you are using AC21 (ie. he will provide a future employment letter to USCIS in case you get an RFE.
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
you typically need to visit every 6 months, pay all taxes here and if possible maintain residence here. YOu will also typically apply for a re-entry permit when you leave like this for short-term to India. I believe REPs are granted for upto 2 years at a time. What you are trying here (stay outside the US for long periods after getting GC) is potentially risky for your GC.
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ita
01-10 05:00 PM
While filling the application online for parents visa interview what would be a better answer for the following questions:
Who Will Pay For Your Trip?
What would be a better answer?
Self.
OR
Children(in U.S)
Does it even matter?
Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
Bother/Sister etc.
Would it be better to say ?
No
OR
Mention about the people(siblings of parents) that are here
Was this Application Prepared by Another Person on Your Behalf? *
(If answer is YES, then have that person complete item 40.)
Should we say
Yes
OR
No (When actually Children are filling the application.)
Please Advice
Thank you.
Who Will Pay For Your Trip?
What would be a better answer?
Self.
OR
Children(in U.S)
Does it even matter?
Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
Bother/Sister etc.
Would it be better to say ?
No
OR
Mention about the people(siblings of parents) that are here
Was this Application Prepared by Another Person on Your Behalf? *
(If answer is YES, then have that person complete item 40.)
Should we say
Yes
OR
No (When actually Children are filling the application.)
Please Advice
Thank you.
more...
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extofu
03-07 11:06 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
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sumanitha
08-03 10:18 PM
Sorry, the day I got the receipt number and the number you have given, there is only a difference of 900+.
So it may not correct.
So it may not correct.
more...
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yabadaba
07-22 08:58 AM
bump
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no_more_anger
05-07 06:16 PM
My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
more...
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popoye
04-27 12:28 PM
receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.
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vnsriv
10-26 03:44 PM
My lawyer is saying you need a valid reason to apply. My wife wants to visit India when i asked he said you cannot apply AP for visiting purpose, you need a valid reason to apply and a letter or wedding invitation to apply.
what shall I do?:confused:
Can you type in all your details , like category,country, etc. Is your PD Current?
what shall I do?:confused:
Can you type in all your details , like category,country, etc. Is your PD Current?
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gcwait2007
10-21 12:13 PM
I had submitted I-131 document along with I-485 & 765 on 8/1 and received the receipt notices already from TSC.
I had received my EAD card on 10/10 and Biometrics is scheduled on 11/13.
I have booked my travel tickets for treveling to India on 01/04/2008.
What should I do now, to get AP (I-131) approved?
Thanks in advance
I had received my EAD card on 10/10 and Biometrics is scheduled on 11/13.
I have booked my travel tickets for treveling to India on 01/04/2008.
What should I do now, to get AP (I-131) approved?
Thanks in advance
makemygc
08-01 09:36 AM
The link on USCIS page sends only the user id thru email. It does not send password.
Once you get your userid. Click on the forgot password link again and enter both your userid and email address, it will send you a link to reset your password.
If you just enter the email address, it will only send the userid.
Try this. I helped one of my friend yesterday to get his password reset.
Once you get your userid. Click on the forgot password link again and enter both your userid and email address, it will send you a link to reset your password.
If you just enter the email address, it will only send the userid.
Try this. I helped one of my friend yesterday to get his password reset.
itsmesabby
06-28 09:39 PM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
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