GC_hope_2006
08-08 04:55 PM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
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mrana
01-18 12:59 PM
Hi,
Thanks for information.
So as you mentioned that you had similar case. Did you have LIN# only or 1-140 receipt ?
Thanks
Thanks for information.
So as you mentioned that you had similar case. Did you have LIN# only or 1-140 receipt ?
Thanks
amitpan007
10-10 11:35 AM
I did it about 10 days before scheduled date in July. Went around 2 PM. The guy at front desk was reluctant but let me in due to my case being genuine pregnancy after discussing with supervisor.
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panky72
06-18 04:56 PM
Hi
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
Although you receive 1 yr parole but you still need AP renewal before the current one expires (Oct 16th in your case). I think that the parole stamp on I-94 does not allow reentry into US.
I have valid AP until Oct 16, 2008. I am going out of country between 1st Aug - 31 Aug.
I read that upon return, I will be paroled for validity with 1 year from that date.. i.e 31 Aug, 2009.
Does that mean I will not need AP renewal until 31 Aug, 2009 and I can re-enter US until that date without having to renew AP.?
Thanks in advance
Although you receive 1 yr parole but you still need AP renewal before the current one expires (Oct 16th in your case). I think that the parole stamp on I-94 does not allow reentry into US.
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amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Dhundhun
05-25 02:34 AM
I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.
Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?
thanks,
What is your USCIS receipt number: if LIN.... it should be Nebreska
Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?
thanks,
What is your USCIS receipt number: if LIN.... it should be Nebreska
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zCool
04-23 12:21 PM
You will qualify.
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!
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vikasgarg24
07-12 01:14 PM
No USCIS can't do that. File suite and I am 100% sure you will won.
I am not a lawyer but a CPA, know some of teh laws also.
I am not a lawyer but a CPA, know some of teh laws also.
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virtual55
04-07 09:02 AM
http://www.numbersusa.com/hottopic/H1B.html
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paskal
03-04 12:44 AM
We are in regular contact with Senator Conrad's office and iv-physicians has a seat on the physicians task force that has been working on this. As you well know the environment is toxic towards any immigration relief but efforts are ongoing nevertheless.
Please join the physicians chapter for further information. See the link in my signature. As a reminder- this is a closed group that works with sensitive information, make sure you provide your name and telephone number, e mail for contact and general info about immigration status, practice etc.
Please join the physicians chapter for further information. See the link in my signature. As a reminder- this is a closed group that works with sensitive information, make sure you provide your name and telephone number, e mail for contact and general info about immigration status, practice etc.
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dog123
01-11 04:41 PM
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bestia
12-27 10:35 PM
Hey all,
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
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chikusri
07-14 08:15 PM
I think it is only for Mumbai Consulate(as mentioned in VFS (http://www.vfs-usa.co.in)).
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
I guess I got the link:
Consulate General of the United States Hyderabad, India - Home (http://hyderabad.usconsulate.gov/advance_doc_submission2.html)
And it says submit your documents 4 business days prior to the interview date for H or L Visa...
My family missed the deadline as they have appointment for Mon - any idea whether this will slow down the visa process for them?
Thanks
"For Mumbai consular district applicants only: Drop off your required documents three working days prior to your appointment at a VFS Application Centre in Mumbai, Pune or Ahmedabad."
No where it is mentioned that HYD consulate has started. Where did you find it?
I guess I got the link:
Consulate General of the United States Hyderabad, India - Home (http://hyderabad.usconsulate.gov/advance_doc_submission2.html)
And it says submit your documents 4 business days prior to the interview date for H or L Visa...
My family missed the deadline as they have appointment for Mon - any idea whether this will slow down the visa process for them?
Thanks
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smisachu
08-22 03:59 PM
Good Article. We should get hold of the full study. It could be something we could use to our advantage while lobbying during the DC rally.
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jsb
01-09 03:40 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
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mkr_s05
03-26 11:30 PM
Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?
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raysaikat
03-18 10:50 AM
I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.
please shed some light on this.
Thanks
You may be eligible to file under EB1-C. Your employer needs to sponsor.
please shed some light on this.
Thanks
You may be eligible to file under EB1-C. Your employer needs to sponsor.
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neeidd
07-08 08:47 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
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forgerator
05-23 12:39 PM
I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
Like others have pointed out - definitely worth it to switch over, given that you can use AC21.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
Like others have pointed out - definitely worth it to switch over, given that you can use AC21.
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09-07 09:46 PM
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My attorney send me an email stating that my sister's H1 transfer was filed to WILLISTON, VT. Do they normally send to that address or is it somewhere else?
I thought it was Saint Albans,VT
My attorney send me an email stating that my sister's H1 transfer was filed to WILLISTON, VT. Do they normally send to that address or is it somewhere else?
I thought it was Saint Albans,VT
aguy
07-26 08:18 PM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
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