morchu
05-29 02:30 PM
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
Hi,
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
Thanks.
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
Hi,
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
Thanks.
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Widget
03-27 12:31 PM
Do you have a list and contact numbers of these attorneys? how much do they charge?
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
vxb2004
04-27 09:29 PM
Legal-In-A-Limbo,
I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?
Any inputs? Thanks in advance.
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
I had a very good working relationship with company A and my old attorney. They both confirmed that they did NOT request I-140 withdrawal. I do not see any case status change online. What surprises me is that H1B is a non immigrant petition and why would they open it now?
Any inputs? Thanks in advance.
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
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fatjoe
09-05 10:16 AM
Same here. All filed at NSC. Filed for EAD and AP on Aug 10th. Checks got cleared on Aug 24th. But did not get the reciept notice yet. Why is it taking so long a time to get the REceipt notices for EAD/AP, where my checks were cleared a couple of weeks ago.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
more...
gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
waitin_toolong
04-18 10:14 PM
Greg Siskind on Immigration Law and Policy: WHAT TO DO IF THE ICELAND VOLCANO IS DELAYING YOUR DEPARTURE (http://blogs.ilw.com/gregsiskind/2010/04/what-to-do-if-the-iceland-volcano-is-delaying-your-departure.html)
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pappu
05-24 10:18 AM
all new members, pls bring in more people like us to this forum.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
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FredG
January 31st, 2005, 07:05 AM
Not sure I'd crop solitary much ... the more empty space there is around him, the more it reinforces the illusion that he is in fact alone.
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corleone
11-09 10:22 AM
So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
There is a website called Google. Its amazing in that it is above nationality and responds to every "is which of the two"
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number30
03-05 07:30 PM
It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.
If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic
If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic
more...
ashutrip
06-18 09:38 AM
Yeah, Atlanta is hatching eggs with our PERM applications.
whats ur PD mine is march 10 2007
whats ur PD mine is march 10 2007
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yagw
03-16 12:39 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.
One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.
One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.
more...
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akhilmahajan
08-07 09:20 AM
U mention what u have filed and what u r expecting.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
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ivar
04-10 09:40 AM
All the best pal....welcome to the club !:rolleyes:
Now that i am a part of this immigration struggle once again, i will make a small donation to IV.
Now that i am a part of this immigration struggle once again, i will make a small donation to IV.
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katneni2
08-03 12:37 PM
Thank you very much Karthik.Your email gave me lot of strength.I will keep posted.
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superdude
07-20 02:17 AM
Since we had filed 140 recently. we got e-approval with notice saying actual notice will follow in mail.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
All that you need is 140 recepit notice to file for 485 if you do not have the approval notice. e-notice should be fine.Please talk to your attorney.
Has anyone ever filed with e-approval email printout as initial evidence ?
Thanks
All that you need is 140 recepit notice to file for 485 if you do not have the approval notice. e-notice should be fine.Please talk to your attorney.
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10-20 12:10 PM
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danila
07-27 07:45 AM
Part 6 , Processing Information On Page8 of I-765 Instructions states =>
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
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rajnag21
07-17 05:51 PM
First of all thanks to IV core team,logiclife,pappu and all the others who have made this possible for the rest of us !
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.
dagabaaj
04-07 08:07 PM
just get in line there in the Rose Garden, right behind Al-Maliki as he explains why everything is going kaboooom in Iraq, and in front of Bernanke as he explains why everything is going kaboooom in the economy. When its your turn do tell the president about the inefficiency of the USCIS.
man this is funny...I thought the last line should read while my life goes kaboooom....
man this is funny...I thought the last line should read while my life goes kaboooom....
snathan
09-30 09:35 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
