genscn
06-25 09:38 AM
I have a same question regarding travel on existing AP when AP renewal is pending. According to the statement on the form, we can't travel.
Gentlemen,
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
Gentlemen,
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
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hebron
04-20 08:42 AM
2 year back my I-140 got rejected due to same reason 3+2 degree. I have 3 years Bsc in Computer science and 2 years Master of Computer Mgmt. They raise the question on 3 year Bachealor dagree. My lawyer send the reply along with degree evaluation and we try to say my 3+2 equal to 4+2 of USA and USCIS didn't buy this argument. after that lawyer told me that no hope in MTR or appeal. So we file again in Eb3.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
Hi Pankaj,
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
Now i see based on your reply if have taken this approach in appeal then i might have got approval in appeal.
Hi Pankaj,
Was your case rejected due to the number of years of education (10+2+3+2 = 17)?
What if it is 3 + 3 ( 3 year Bsc Physics + 3 Year MCA) 10 + 2+3+3 = 18? I am wondering if USCIS would consider this equivalent to US masters? Came across a memo used by Nebraska Service center that says USCIS would consider 3+3 equivalent to US masters, but that memo was from 2006.
Berkeleybee
04-27 11:40 AM
Hi BerkleyBee
I totally understand that reporters may skew facts to their specific needs and know first hand that the EB-3 category is retrogressed across all nationalities. I am one of your members that is not from either background mentioned.
I was responding to a post on this forum (and not the press in general) that implied that this issue affects people from specific ethnic backgrounds, which is false.
I do have a general issue that people seem to forget that.
I applaud all core member efforts, however negative this post seems.
Respectfully
Franklin,
It is good to remind people about the facts every once in a while. :) Especially when they are carried away by the force of their own rhetoric. We always appreciate members doing that -- I just wanted to clarify that IV understands your point perfectly.
best,
Berkeleybee
I totally understand that reporters may skew facts to their specific needs and know first hand that the EB-3 category is retrogressed across all nationalities. I am one of your members that is not from either background mentioned.
I was responding to a post on this forum (and not the press in general) that implied that this issue affects people from specific ethnic backgrounds, which is false.
I do have a general issue that people seem to forget that.
I applaud all core member efforts, however negative this post seems.
Respectfully
Franklin,
It is good to remind people about the facts every once in a while. :) Especially when they are carried away by the force of their own rhetoric. We always appreciate members doing that -- I just wanted to clarify that IV understands your point perfectly.
best,
Berkeleybee
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dummgelauft
07-01 11:11 AM
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
more...
miguy
05-25 09:12 AM
75% of the people (close to 1000 people) where I work are consultants thro (US contracting companies, tcs, infosys, etc)....we are called supplemental workers here......if this bill passes, all of us would have to stop working.....I am sure there are other companies exactly in the same boat....whats gonna happen to this country? how will the businesses run?.....this is insane
GC08
09-22 11:14 AM
Incase anyone is interested the Sept 21 receipting update is now published:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Not that it does much good since it doesn't really mean much..
Didn't want to start a new thread for this.
We know it does not mean anything and may even simply be lies, we still anxiously wait for it, hoping miracles happen, day after day, week after week, year after year... :-)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ace7ec20cfbd4110VgnVCM1000004718190aRCR D
Not that it does much good since it doesn't really mean much..
Didn't want to start a new thread for this.
We know it does not mean anything and may even simply be lies, we still anxiously wait for it, hoping miracles happen, day after day, week after week, year after year... :-)
more...
spicy_guy
06-03 12:20 PM
Guys,
One quick question. Appreciate your response!
If I submit my application in person, do we need to motorize the copies?
For address proof, submitting DL copy.
Please let me know.
One quick question. Appreciate your response!
If I submit my application in person, do we need to motorize the copies?
For address proof, submitting DL copy.
Please let me know.
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nk2006
07-21 11:12 AM
Seems like we missed a golden opportunity in this bill. Is this the must pass budget bill? or related to troops in Iraq? I am suprised to see that this went completely under radar. I will write to my senators to thank them for the support (though it failed its nice to see their support).
more...
sbabunle
04-09 05:58 PM
Alisa
Best post so far on this thread :D
I will never go back. I'll stay legal as long as I could.
And then I'll stay illegal and make mone :D :D :D
babu
You can't get more than 10K people to sign up to IV.
And you can't get more than 300 people to sign up for $20 per month.
What makes you think you can convince 20-30K people to move with you?
:)
Best post so far on this thread :D
I will never go back. I'll stay legal as long as I could.
And then I'll stay illegal and make mone :D :D :D
babu
You can't get more than 10K people to sign up to IV.
And you can't get more than 300 people to sign up for $20 per month.
What makes you think you can convince 20-30K people to move with you?
:)
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ashkam
06-28 02:18 PM
i need big help with my 140 filed in Premium Processing
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
I thought you just needed your receipt number to file for 485, not the physical receipt.
and i did not get my receipt to file 485
applied it on Jun 20 2007 (this month)
any way i can get some copy of the receipt to file 485?
I thought you just needed your receipt number to file for 485, not the physical receipt.
more...
ItIsNotFunny
03-11 12:16 PM
Lets find real information. Don't start guessing game (unless you just love the mess you are in). Please contribute on FOIA thread.
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superdoc
09-23 07:50 AM
I think your plan may work out just fine. I would make a couple of suggestions:
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
1. If you are taking LOA from original employer, for practical purposes (for USCIS), you are not employed with that employer any more (they go by pay stubs). But if doing so helps to avoid revocation of 140, go ahead and do it that way.
2. Because you will actually get your pay check from new employer, you are employed by them (and you will work on EAD with them, make sure that this is mentioned on your I-9 form). No matter how much ignorant your employer is, they will have to have I-9 on file and it must have your EAD (not H1).
3. After doing this, you will be on I 485 pending status (no longer on H status), and so make sure you have current EAD and AP all the time.
4. If something goes wrong with your I 485 (very unlikely); you will have to leave the country and enter back on H visa and work for H visa sponsoring employer (probably your old employer).
5. It is perfectly fine to not file AC21. AC21 is needed only if you do not plan to join original sponsoring employer after GC approval. However, if you do want to file AC21, you do not need much documentation from your new employer. It just needs the simple letter stating your job position as a "physician" and brief job duties (briefer the better!) and salary (should be proportional or higher). If you do not file AC21, you may just keep that documentation on file with your attorney (which I would do to be on safe side). The implication of having this is as follows:
--If you have this documentation (even if not filed with USCIS), at the time of approval of your GC you will have the option of just staying with new employer or going back to original employer.
--If you do not have this, you will have to go back to original employer after GC approval with a "good faith intention of permanent job".
PM me if you have questions about what I said above, and I will be happy to talk to you.
Good Luck.
FYI -- what is I-9 and what does the employer need to do for that?
more...
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chanduv23
10-13 04:26 PM
can you hold these meetings on saturdays? weekdays are impossible for me with a 1.5 hr commute (common with most tri-state folks).
informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)
The idea was to make it easy for majority folks who work in Manhattan and surrounding areas. We were also concerned that the tri state folks travel long distances and work long hours during weekdays will need the weekends for themselves and a Friday night after work must be the best time.
But, yes, based on majority of the folks's response, we plan to do one more on a Saturday, but not in Flushing, location will be decided soon.
informal get togethers can be held at the flushing hindu center on sunday evening, at least for those who are hindus living in queens. (the majority here, i guess)
The idea was to make it easy for majority folks who work in Manhattan and surrounding areas. We were also concerned that the tri state folks travel long distances and work long hours during weekdays will need the weekends for themselves and a Friday night after work must be the best time.
But, yes, based on majority of the folks's response, we plan to do one more on a Saturday, but not in Flushing, location will be decided soon.
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maximus777
06-29 04:04 PM
Publicity stunt before the elections ?
Absolutely!!
Absolutely!!
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garybanz
11-29 01:49 PM
Here is what you should do:
1. Print this memorandum
http://www.ilw.com/immigdaily/news/2006,0913-aytes.pdf
2. Take it and go for infopass.
3. Insist that they follow the procedures outlined in the memo. Do not leave until they do what they have to do according to the memo. They have to provide you a receipt that they followed the procedures.
4. Get your EAD within a week or so after infopass.
Thank a ton for the help, Can you please tell in more detail what i need to do/say there? I have heard that people are being turned back pretty rudely at local offices. Also do i need to fill any forms before i go there?
Thanks Again,
1. Print this memorandum
http://www.ilw.com/immigdaily/news/2006,0913-aytes.pdf
2. Take it and go for infopass.
3. Insist that they follow the procedures outlined in the memo. Do not leave until they do what they have to do according to the memo. They have to provide you a receipt that they followed the procedures.
4. Get your EAD within a week or so after infopass.
Thank a ton for the help, Can you please tell in more detail what i need to do/say there? I have heard that people are being turned back pretty rudely at local offices. Also do i need to fill any forms before i go there?
Thanks Again,
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StarSun
05-27 04:43 PM
Few members have spoken to me about participating in the advocacy days, however, you may have not signed the registration form. Please do so. This will allow us to tie you in with your representative when we confirm our appointments. The form is available on the first post in this thread.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1437978-iv-announcement-advocacy-days-in-washington-dc-7th-and-8th-june.html
more...
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absaarkhan
02-01 12:43 PM
Good Question
Did anyway in this Scenario had a hard time, entering US??
Did anyway in this Scenario had a hard time, entering US??
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vishal
08-24 03:10 PM
Hi all,
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
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bitzbytz
06-25 08:44 AM
H1 was approved some time last year and H1B started from 10/1/2006.
gc28262
01-14 02:33 PM
H1b and Green cards are allowed to have out of country stays. so if you are out of country for less than six months, it may still be considered as continuous stay. the intent of writing the word "continuous" is to declare that at any point, the immigrant had no intentions to leave the country and relinquish his immigrant status. for the legal immigrant, that should be acceptable.
Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-
(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then
(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
b) accounts for the temporary absences of alien
Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien-
(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then
(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
b) accounts for the temporary absences of alien
imh1b
05-19 09:43 AM
I think IV should post ads in all major newspapers. This will be good publicity.
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