rangaswamy
07-28 05:01 PM
--
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
-- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.
-- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.
When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.
Ar
sunny1000
11-26 06:01 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
ONEMOREGCSEEKER
07-15 11:16 PM
Thanks RPAT. With this additional clarification I can say that my case is not similar.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
Leo07
05-20 04:12 PM
How many in this forum are yet to file AOS?
Hello Members,
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
Hello Members,
I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.
more...
ski_dude12
10-08 11:40 PM
I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.
I wish everyone gets their GC's sooner than later.
I wish everyone gets their GC's sooner than later.
devan
11-17 11:15 AM
sudiptasarkar, they gave one month time to respond the RFE. Also, i got the format from my attorney and i believe you could get the affidavit sample in the .
more...
redelite
08-20 01:54 PM
"Oh-really?" (quick like almost one word) and "Yah REALLY!"
..at least that's how I read it..
..at least that's how I read it..
tonyHK12
01-06 12:35 PM
Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?
The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.
The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.
more...
pthoko
08-03 10:02 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
ThinkTwice
10-26 01:10 PM
I am in the same boat...
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!
I saw LUDs yesterday and day before yesterday on my AP application..
Hope they approve it soon.
Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!
more...
Sakthisagar
05-19 10:40 AM
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
meghanap2000
11-06 11:52 AM
Hi,
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
I DID NOT GET rfe BECAUSE i have submitted all the documents upfront along with 485 application. For affadavit format.. go to this link..and see formats ...
Birth Certificate Unavailable / Affidavit for I-485 - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=144485)
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
I DID NOT GET rfe BECAUSE i have submitted all the documents upfront along with 485 application. For affadavit format.. go to this link..and see formats ...
Birth Certificate Unavailable / Affidavit for I-485 - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=144485)
more...
Redeye
04-16 12:52 PM
Any help from the attorneys on this?
ampudhukode
03-24 03:53 PM
spbpsg,
Thank you for the reply. Is that what people normally in this circumstance do ?
ampudhukode
No need of exp letter, just take offer letter and recent pay subs.
Thank you for the reply. Is that what people normally in this circumstance do ?
ampudhukode
No need of exp letter, just take offer letter and recent pay subs.
more...
EB3IFiasco
04-22 12:34 AM
Jonas - Are you sure you have a EB3 labor? i.e. less than 5 yrs of experience and/or a miniumum BS as opposed to greater than 5 yrs of experience and/or master's or higher (EB2)? If latter than you may file your I-140 under EB2.
EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.
EB3 or EB2 gets decided on your I140 based on your labor certification job requirements.
TeddyKoochu
05-18 02:13 PM
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
Those are excellent threads buddy. If you look at the content the poster seems to spend significant time to gather the facts and the presentation is extremely detailed. Somebody mentioned the lighten up thread its also great, all work and no play makes Jack a dull boy. I agree that some information may not be strictly immigration related its ok. This is my personal opinion.
Those are excellent threads buddy. If you look at the content the poster seems to spend significant time to gather the facts and the presentation is extremely detailed. Somebody mentioned the lighten up thread its also great, all work and no play makes Jack a dull boy. I agree that some information may not be strictly immigration related its ok. This is my personal opinion.
more...
gcretroiv
02-10 09:30 AM
you are screwed, yes seriously
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.
If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.
IneedAllGreen
06-21 04:51 PM
Since this thread is open and dont want to wast resouce on new thread. I want to ask people those who had already filed 485/EAD/AP that did anyone has taken photos at Walgreens.
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
^^^^^^^ bumping up
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
^^^^^^^ bumping up
willwin
06-30 02:03 PM
Pappu,
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?
Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.
I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?
Correct me if I was wrong.
ivar
02-17 09:26 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Dear Virgina Desi,
Congratulations, enjoy your card and stay in US. All the best for future.
I have a small question,
My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.
Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?
Thanks,
R.
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Dear Virgina Desi,
Congratulations, enjoy your card and stay in US. All the best for future.
I have a small question,
My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.
Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?
Thanks,
R.
ilikekilo
02-07 09:15 AM
I dont know of any insurance companies that cover pre-existing conditions..the older one is more the more expensive insurance is and not to mention pre existing conditions and all toehr terms and conditions jargon........ so be very careful... and good luck with your situation...
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