indianabacklog
07-27 09:32 AM
I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.
However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.
EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.
However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.
godspeed
01-06 09:19 AM
very good advice
thanks for sharing this info
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
thanks for sharing this info
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
amsgc
04-22 07:47 PM
Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
MYGC2008
01-20 08:30 PM
I renewed my Passport at NY. and they are accepting valid EAD. It is not true.
But Initially they gave for 1 year when I renewed on July 1st week 2008.
Later on 2nd Junary 2009 I went and they gave me full 10 year.
I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.
Let me know if u need more info.
Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
But Initially they gave for 1 year when I renewed on July 1st week 2008.
Later on 2nd Junary 2009 I went and they gave me full 10 year.
I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.
Let me know if u need more info.
Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
more...
prasadn
04-07 05:15 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.
chanduv23
03-26 06:41 AM
Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
Jet is not cheap anymore, they had the prices low for sake of promotion. It is very expensive now. Emirates is cheap. Thats what I am hearing. And emirates.com offers the lowest fares.
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
Jet is not cheap anymore, they had the prices low for sake of promotion. It is very expensive now. Emirates is cheap. Thats what I am hearing. And emirates.com offers the lowest fares.
more...
gc_chahiye
10-05 04:12 PM
How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.
gveerab
01-18 03:47 AM
See you there on sunday.
This is an wonderful opportunity to help your self.
Please participate and show your support.
This is an wonderful opportunity to help your self.
Please participate and show your support.
more...
sash
06-20 04:05 PM
What is the ETA to get the receipt if you file in July 2007?
suratvoice
12-17 10:56 PM
Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
I looked it up and my current job is http://online.onetcenter.org/link/summary/15-1031.00
And I did a search for software program manager and software project manager. These bring up the same job codes.
What does that say????
Does this mean that its ok to change jobs?
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
I looked it up and my current job is http://online.onetcenter.org/link/summary/15-1031.00
And I did a search for software program manager and software project manager. These bring up the same job codes.
What does that say????
Does this mean that its ok to change jobs?
more...
sapota
10-23 12:07 PM
I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
Premium processing for I-140 has been suspended by USCIS. Ask your lawyer if he has read news lately.
2. How long will be until this I-140 gets approved? Anyone who did this lately?
I am sure quite a few people applied for I-140(I would guess around 150-200k) among the 320k people who filed these stages because of July VB fiasco. Looks like it will take an year just for I-140 approvals (We need to really observe USCIS trend & guidance after July VB fiasco
3. I�m filling I-140 together with I-485. It matters, time PP wise?
I am assuming your priority date is current. Again no PP for I-140.
4. Is there another�next step� towards the GC or just wait for those to be approved?
I-485 is the final step.
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
It generally costs about $2k per applicant (multiply this by members of your family going to apply I-485 with you)for I-485 (lawyer + filing fees) & $1.5k for I-140(this is just for you not including Premium processing)
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
If your priority date stays current, my guess is that you are looking at another year or wait for your actual GC. But you would get interim benefits like EAD, AP, AC21 after you apply for I-485. google?
You are already 6 years & $35k in the hole. Want to save that investment or cut your losses. Personal opinion matters in that decision.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Welcome
I just received today my LC after a long wait in backlog from 04/2001.
1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
Premium processing for I-140 has been suspended by USCIS. Ask your lawyer if he has read news lately.
2. How long will be until this I-140 gets approved? Anyone who did this lately?
I am sure quite a few people applied for I-140(I would guess around 150-200k) among the 320k people who filed these stages because of July VB fiasco. Looks like it will take an year just for I-140 approvals (We need to really observe USCIS trend & guidance after July VB fiasco
3. I�m filling I-140 together with I-485. It matters, time PP wise?
I am assuming your priority date is current. Again no PP for I-140.
4. Is there another�next step� towards the GC or just wait for those to be approved?
I-485 is the final step.
5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.
It generally costs about $2k per applicant (multiply this by members of your family going to apply I-485 with you)for I-485 (lawyer + filing fees) & $1.5k for I-140(this is just for you not including Premium processing)
I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.
If your priority date stays current, my guess is that you are looking at another year or wait for your actual GC. But you would get interim benefits like EAD, AP, AC21 after you apply for I-485. google?
You are already 6 years & $35k in the hole. Want to save that investment or cut your losses. Personal opinion matters in that decision.
Thank you guys for your attention and thanks IV for the good work done so far.
:)
Welcome
chanduv23
02-17 11:09 AM
Back in 2007, we did a lot of PR work, we pleaded, begged, motivated, requested ... we kept on doing it consistently.
There is a lot of work that needs to be done. The active folks must motivate the passive folks.
There is a lot of work that needs to be done. The active folks must motivate the passive folks.
more...
bheemi
02-20 11:20 AM
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
psczd4
08-10 01:20 AM
how about applying for a tourist visa for that time period?
more...
dilber
07-16 06:24 PM
How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
michael_trs
05-14 04:48 PM
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?
Now the question is does it automatically lead to audit?
Now the question is does it automatically lead to audit?
more...
GCwaitforever
02-13 01:44 PM
Stuck in Immigration backlog? Join IV for a furlong.
Anders �stberg
July 15th, 2004, 02:25 PM
Just one more... :)
Open:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg
Closed:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg
Open:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6562.jpg
Closed:
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6561.jpg
smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
map_boiler
04-26 05:45 PM
The company HR or lawyer/paralegal should be able to login to the DOL website and check the case status. Since the case is pending for more than 6 months, you could have your lawyer submit an inquiry through AILA.
willIWill
07-16 01:01 PM
Thanks for the suggestions Rockstart.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
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