jnayar2006
05-29 12:43 PM
I have the same question and I am sure there are several others who have the same questions. If I understand this correctly,
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
1. The application can be filed 120 days before the expiry date. (based on webm's reply).
2. If you travel outside the country and re-enter before the expiry date on the AP, you will still be paroled into the country for another year from the data of entry. Is this correct?
3. What does this date (till when you are paroled) stamped on the AP when you re-enter on an AP mean? What happens after this period - is there any specific action one needs to take to extend this time explicitly?
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
Thanks for any help.
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elusive
07-12 04:54 PM
Thanks Very Much Anne,
USCIS received the response packet today around Noon, Hoping to get 3 years extension and don't want to go through the pain of EE docs, end client letters, SOW,....at least for next 3 years ..well i forgot If I exit ti still remains a problem...
You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
USCIS received the response packet today around Noon, Hoping to get 3 years extension and don't want to go through the pain of EE docs, end client letters, SOW,....at least for next 3 years ..well i forgot If I exit ti still remains a problem...
You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
apnair2002
05-02 06:21 PM
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Ann Ruben
05-27 05:12 PM
Pappu's response is exactly correct. Because you have an advanced degree, you meet the first prong of the NIW test. But, that is the easy part. Meeting the 3 criteria Pappu lists is much more difficult, and, as a practical matter may require you to demonstrate not only the "substantial intrinsic merit" and value of your work to the US national interest, but also your unique/exceptional ability to do that work.
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honge_kamyaab
02-01 12:54 PM
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
gcfriend65
12-06 10:08 AM
So, did you follow up later...to see what happened on your case or are you just waiting. My lawyer says that the timelines are just like that.
I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.
I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.
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indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
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raj2007
07-20 01:21 PM
We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?
For BC you can use school leaving certificate with affadavits
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?
For BC you can use school leaving certificate with affadavits
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swarnapuri
06-14 07:05 PM
That was a very helpful info!
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haveaquestion
03-06 01:07 AM
Hi I'm currently working as a strategist in an ad agency on OPT, which expires in June this year. My H1B application was denied because my major in college was French and the lawyer obviously wasn't able to establish the connection between my major and my work (although in my defense, my college was a liberal arts college, there weren't any specialized majors such as advertising, communications, etc. It's all about cultivating critical thinking, analytical skills, communication skill, which are all essential to working in advertising). So my question is, if in the future I want to come back to the US on an H1B visa, would that be possible? Is this issue with my major going to haunt me for at least 12 years (as in 3 years of working experience equal 1 year of college education)? Given that I do want to stay in the advertising industry, what are my options to solve this issue? Would getting an MBA with a marketing focus solve this?
PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?
Thank you very much!
PS: I understand another way to come back to the US by employment is via L1 visa. However, the prerequisite would be that I was already working in that company's overseas office, correct? So, if I received an offer from a company in the US without having worked in one of its overseas branch, I would still have to apply an H1B, correct?
Thank you very much!
more...
shaileshkaria2525@hotmail
09-19 11:30 PM
I want to share the experience of one of my friends who recently went for visa stamping.
He went to Mumbai Consulate with his family for H1B and H4 visa stamping on 08/25/2009. Here are his basic details.
*He got his H1B approved through October 2011.
*He has his GC process on.
*He had originally come here on B1B2 visa about six years back and got the visa converted into H1B visa.
*His current employer is his third change of jobs and have been with this employer for the past 3 years.
*He has his I 140 approved for about a years time and has EAD, and AP valid through October 2008.
His Experience
Their appointed time for visa stamping was 9.00am and their turn came at about 11.00am.The Visa Officer asked my friend routine questions about how he got his first job and he answered exactly as his lawyer had advised. The VO asked him questions about his current employer, what the company was doing, how many employees did the company have et al. She asked him a specific question as to why he went to the US first and why his family joined him later initially although they got the B1B2 visa together. To this he replied that his sons were students in India and they had their terminal exams in September back then.
Then she asked him as to whether he had his credentials with him. He showed her his degree certificates as well as copies of his membership certificates of Chartered Accountancy. She looked at all the originals and then conveyed to him that there were inconsistencies on his certifacates with his original B1B2 visa application and that she will call them later. My friend gave her a copy of his credential evaluation for all the degree certificates.
They were stranded at the consulate for another two hours when another VO announced their names. She was an Indian lady who asked him a silly question about CA institute and as to why he did not mention the name of the city where the institute belonged to. My friend replied that it was an all india institute head quartered in New Delhi. He also conveyed to her that he had given them a copy of his membership as a fellow ( CAs receive the membership certificate as a fellow after they complete public accounting practice as an accountant for five years). She then conveyed to him that she will call him later if required. After about one and half hour further the original visa officer called their name and conveyed to them that there was some further investigation needed to be done on their case. Gave them a yellow letter that stated that he will get an e-mail from the consulate office and they do not need to come back. She gave four VFS envelopes for all of them and asked my friend to wait for the e-mail. She told him that there was nothing to worry about in his case bla bla bla...
My friend and his family had their tickets booked back to US on 08/30/08 from Mumbai. He called his lawyer in US and sought his advise. The lawyer advised that ideally my friend should wait for the e-mail and extend his stay in India. To which my friend replied that he had already availed three weeks of vacation and that he needed to go back to US. They waited with baited breath for the e-mail from the consulate that never came. My friend meanwhile managed an e-mail from his boss that asked him to resume his work on Monday September 02, 2008.
They took the risk and came back to LAX on 08/31/08 and did not encounter any problem using their Advanced Parole documents.
This morning my friend received an e-mail from the Consulate Office in Mumbai that stated that the administrative process for the non-immigrant visa application on his case had been completed and asked him to come at the Consulate on any working day in the morning with yellow letter, VFS envelope, and documents pertaining to visa application. But the last sentence on the e-mail read as under, " Personal appearance is required. Please carry a copy of this email for ready reference."
Gurus! anybody with previous experience like this please share your experience that will help my friend decide as to what he needs to do!
He went to Mumbai Consulate with his family for H1B and H4 visa stamping on 08/25/2009. Here are his basic details.
*He got his H1B approved through October 2011.
*He has his GC process on.
*He had originally come here on B1B2 visa about six years back and got the visa converted into H1B visa.
*His current employer is his third change of jobs and have been with this employer for the past 3 years.
*He has his I 140 approved for about a years time and has EAD, and AP valid through October 2008.
His Experience
Their appointed time for visa stamping was 9.00am and their turn came at about 11.00am.The Visa Officer asked my friend routine questions about how he got his first job and he answered exactly as his lawyer had advised. The VO asked him questions about his current employer, what the company was doing, how many employees did the company have et al. She asked him a specific question as to why he went to the US first and why his family joined him later initially although they got the B1B2 visa together. To this he replied that his sons were students in India and they had their terminal exams in September back then.
Then she asked him as to whether he had his credentials with him. He showed her his degree certificates as well as copies of his membership certificates of Chartered Accountancy. She looked at all the originals and then conveyed to him that there were inconsistencies on his certifacates with his original B1B2 visa application and that she will call them later. My friend gave her a copy of his credential evaluation for all the degree certificates.
They were stranded at the consulate for another two hours when another VO announced their names. She was an Indian lady who asked him a silly question about CA institute and as to why he did not mention the name of the city where the institute belonged to. My friend replied that it was an all india institute head quartered in New Delhi. He also conveyed to her that he had given them a copy of his membership as a fellow ( CAs receive the membership certificate as a fellow after they complete public accounting practice as an accountant for five years). She then conveyed to him that she will call him later if required. After about one and half hour further the original visa officer called their name and conveyed to them that there was some further investigation needed to be done on their case. Gave them a yellow letter that stated that he will get an e-mail from the consulate office and they do not need to come back. She gave four VFS envelopes for all of them and asked my friend to wait for the e-mail. She told him that there was nothing to worry about in his case bla bla bla...
My friend and his family had their tickets booked back to US on 08/30/08 from Mumbai. He called his lawyer in US and sought his advise. The lawyer advised that ideally my friend should wait for the e-mail and extend his stay in India. To which my friend replied that he had already availed three weeks of vacation and that he needed to go back to US. They waited with baited breath for the e-mail from the consulate that never came. My friend meanwhile managed an e-mail from his boss that asked him to resume his work on Monday September 02, 2008.
They took the risk and came back to LAX on 08/31/08 and did not encounter any problem using their Advanced Parole documents.
This morning my friend received an e-mail from the Consulate Office in Mumbai that stated that the administrative process for the non-immigrant visa application on his case had been completed and asked him to come at the Consulate on any working day in the morning with yellow letter, VFS envelope, and documents pertaining to visa application. But the last sentence on the e-mail read as under, " Personal appearance is required. Please carry a copy of this email for ready reference."
Gurus! anybody with previous experience like this please share your experience that will help my friend decide as to what he needs to do!
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file485
12-06 11:16 AM
Hello ..
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
more...
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ashoka
09-26 02:28 PM
I think everybody has LUD 08/05. So it does not help. I applied 485 on 08/08.
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akkakarla
09-06 06:46 PM
Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.
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go_guy123
03-04 10:06 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
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Aah_GC
06-19 08:37 AM
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Sure, guess I was a bit irrational :)!
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Sure, guess I was a bit irrational :)!
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Canadianindian
07-22 05:33 PM
You can only move after 6 months of 485 filing. Then it falls under AC21. Now if you move, you have to start the entire process. Fortunately with PERM and PP for 140, everything would take less than few months.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.
Did you come across such option.
Hmmm, it happened to me and my company started new labor process through PERM. My second 140 is stuck for more than a year now.
OR
You can keep your primary residence at the original labor filed location and convince your company to allow you to work at that place for six months at least once a week.
Thanks for your response. I am in consulting, and we generally travel.
One of HR folks mentioned that my company may be able to keep me on the exisiting location's payroll, while I work in the other state.
Did you come across such option.
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kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
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xlr8r
09-28 09:31 AM
I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
-------------------------------------------------------------------------------------------------------
Contributed $200 towards advocacy.
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
-------------------------------------------------------------------------------------------------------
Contributed $200 towards advocacy.
va_dude
05-04 11:08 AM
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
snhn
11-06 11:55 AM
WEre there any LUD on your case before you all got them.
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