mmeshref
12-02 05:55 PM
I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
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RNGC
02-05 04:47 PM
^^
arnet
10-23 07:21 PM
My EAD card (renewal) has data entry error, it is USCIS mistake, so called them and they asked me to file new EAD application and send with this card to the center where it got approved. they asked me to send new EAD application with card (but no filing fee) and if it is not their problem and if it mine, then they will ask for the filing fee.
Did anyone had this experience before? please let me know the procedure, thanks.
Did anyone had this experience before? please let me know the procedure, thanks.
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wam4wam
03-06 12:38 PM
i contacted Senator dewine, urging him to back the PACE act
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
here is the reply i got
keep ur fingers crossed:)
Dear xxxxxx
Thank you for contacting me regarding illegal immigration. I agree
that
illegal immigration is a very serious problem and appreciate knowing
your
views.
Currently, there are approximately 11 million undocumented immigrants
in
the United States, with close to 1 million more arriving every year.
Yet,
our current immigration system is broken. It is a system that is not
good
for American security, particularly during our fight to combat
international terrorism. It is not good for American workers and
businesses. And, it is not good for the immigrants, themselves.
To tackle this problem, we must have a comprehensive immigration plan
that
toughens our borders, documents illegal immigrants, and provides for
American labor needs. The Senate Judiciary Committee, of which I am a
member, is set to take up immigration reform soon. In fact, several
immigration bills are currently pending before the Committee, including
a
border protection bill passed by the House of Representatives in
December
2005. As the Judiciary and the full Senate debate immigration reform,
I
will be certain to keep your views in mind.
Again, thank you for contacting me. If you have any additional
concerns,
please feel free to contact me anytime.
Very respectfully yours,
MIKE DeWINE
United States Senator
RMD/bf
Disclaimer: The email account that this message originated from does
not
accept inbound messages, therefore please send all electronic
correspondence through our webform located at:
http://dewine.senate.gov.
more...
brit89
07-05 08:33 PM
When the news broke about PDs becoming current, I told 2 of my friends and my family that there is something wrong going on.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
venram
01-03 01:16 PM
Folks,
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.
If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.
If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.
more...
vinabath
07-02 03:10 PM
USCIS made my lazy paralegal work overtime for 2 weeks.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
USCIS used the famous 'SHOCK and AWE' stratefy on us.
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kcindian
05-31 11:00 AM
Hi,
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
more...
smartboy75
08-14 12:53 PM
smartboy75,
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
Hey raju
I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....
To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....
Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......
not knowing where u r heading is worst than being lost ....:) The choice is ours....
All the best buddy ....will keep u posted....
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
Hey raju
I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....
To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....
Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......
not knowing where u r heading is worst than being lost ....:) The choice is ours....
All the best buddy ....will keep u posted....
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yestogc
05-01 07:53 PM
Absolutely no issues, as long as you have a letter from same employer does not matter.
more...
ChainReaction
04-24 07:04 AM
I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?
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lavanyamohan
03-16 08:39 AM
Please suggest me good immigration attorney-( in seattle area if possible) for my H1B filing. They should be prompt in preparing my application with in 2 wks time.
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
more...
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yabadaba
07-02 09:47 AM
if you really doubt.. then get the hell outa here you illegal jerk. go back to your gas station.
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leoindiano
09-06 03:27 PM
AmericanDesi,
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
you hit the nail on its head.
USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.
more...
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nonimmi
06-11 04:20 PM
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
Visit this....
http://immigrationvoice.org/forum/showthread.php?t=4285
Zee.
Visit this....
http://immigrationvoice.org/forum/showthread.php?t=4285
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GCanyMinute
09-10 08:42 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
more...
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luckylavs
04-30 03:39 PM
Hi Dhundhun,
I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
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itsmesabby
06-30 11:07 AM
Hi Elaine... could you please address the question from mhtanim above..
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RobAllan
03-24 10:38 AM
Chandu
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
p_kumar
01-24 04:38 PM
Hi all,
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
Ask your lawyer to inform USCIS about the name change.They will send all supporting documents like marraige certificate, drivers license etc. If you want to change it after getting the green card, you will have to file form I-90 and pay $300 fee.
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
Ask your lawyer to inform USCIS about the name change.They will send all supporting documents like marraige certificate, drivers license etc. If you want to change it after getting the green card, you will have to file form I-90 and pay $300 fee.
eastindia
01-20 07:46 PM
Who gives a shit about anti-immigrant websites?
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