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  • bhasky25
    10-11 01:06 PM
    Thank you for responding,

    I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.

    I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.




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  • Marphad
    03-27 08:47 AM
    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.

    I entered on H1 not AP. Hope this is safe :).




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  • gc070922
    12-19 05:15 PM
    Husband + Wife - 1 Application

    Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck
    I'm thinking of doing the samething. Have you received receipts of both sets of applications? How about finger prints? Did you mention the earlier one in the later one, for the question "have you applied before" on the i485?

    Thanks in advance.




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  • feedfront
    09-29 12:03 PM
    My cousin went for her sister-in-law's wedding and at New Delhi airport, the Customs Officer asked her to show the bag. Apparently, there was good amount of jewelry. And she had to declare it in her passport.

    She was not charged any duty but she had to show it again during the departure.

    Hope it helps.

    I agree. If they make entry into passport, you've to show it during departure. Otherwise there is no hassle.



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  • a_yaja
    01-06 10:30 AM
    I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?

    Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.

    Please share your experiences.

    Thanks in advance!

    You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.

    When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).

    My advise to you is - take both the copies - you will not regret it.




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  • jayleno
    06-20 08:05 AM
    I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.

    I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.


    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks



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  • UniGum
    09-21 02:45 PM
    let us hope and pray bec will do something to finish this ASAP.... it's too much depressing....




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  • smisachu
    05-13 03:51 PM
    [QUOTE=michael_trs;1852366]Smisachu, I agree, I need to add alternative education� thank you for your advice.

    What about �requirements normal for the occupation� is this Yes or No for Master's + 5 years ?

    What is your experience?[/QUOTE

    Yes. That's a little dicy for Software Developer. Maybe you work in a sepcific skill and can elaborate on that.

    For me I work in a field with very specific skills and my Job title was also more specific than this. We put MS+3 and that 3 years have to be spent working in one particular area and must have acquired a set of specific skills. So the requirements for my occupation were normal and we said yes.



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  • s.m.srinivas
    03-31 01:58 PM
    Hi All,

    I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
    With these things on board I have following questions

    Am I out of status?
    Company A visa is valid till september 2009, so can I go back to Company A?
    If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
    What is the chances that Company B appeal for the denial and get it stamped in these situation?
    What are my other options?


    Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...




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  • vts31
    10-22 04:23 PM
    wtf! u guys are fast!



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  • bokeifus31
    November 13th, 2007, 10:54 PM
    I have a Nikon D70s and always get the 3 dust particles showing up on every photo I take. I've tried to clean the inside of the camera as much as possible, but I can't get rid of the dust. Is there a way I can clean the sensor or do I have to send it to Nikon? I have a photo shoot this weekend and would like to have it cleaned by then if possible.

    Another question - How often should I format my memory cards?

    I look forward to reading your suggestions.

    Keith




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  • rb_248
    07-23 10:54 AM
    Are we supposed to get every year?? did ur friend apply EAD renewal online ?

    Not yet. Our attorney is doing it for us.



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  • PrayForEveryone
    07-11 11:10 AM
    140 (EB3) was upgraded to Premium Processing on June 27th 2007 (just before the USCIS suspended premium processing on 140).
    It got approved yesterday!




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  • Cataphract
    02-20 10:47 AM
    http://immigrationvoice.org/media/Flyer_Formated.pdf


    Thanks for the flyer link - that takes out any excuse from anybody who is still on the fringe.



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  • chunky
    07-26 03:12 PM
    Her project is ending and her emplyer told that there is no more project.
    Can one stay in US in AOS pendings tage




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  • digitalrain
    06-25 05:05 PM
    Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.

    Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.


    Thank you very much for the response.
    I have a lawyer,he advised me to ask the US Embassy to issue the kid a Humanitarian Parole,but I'm not sure if these guys know how to process these kind of unusual cases.They told my wife that I have to file a relative petition.As far as I know he is not eligible for derivative asylum since he got born after my asylum approval.
    I wonder if she,my wife,can apply for humanitarian parole at the US Embassy?Or do I have to apply for humanitarian parole?
    Lawers that I know are expensive and I'm not sure if these guys really know what are they doing.

    I would really appreciate any advice from anyone.



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  • satyasaich
    05-01 02:05 PM
    Yes. Please see
    the web site


    Does - Emergency Appoinment include - people already
    working in US ? are you sure ?




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  • grupak
    12-13 04:11 PM
    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?

    If you are from a non retro country, EB2 will help. Otherwise not really.

    To get an EB2, you need a masters degree but your job will also have to require it. I know of folks with masters but their company filed as Eb3. You can apply for EB2-NIW on your own. This requires more than just a degree. You will have to show your field of study is of national interest, and YOU have unique abilities and YOU are a world leader/expert in your chosen field.




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  • Jayr
    07-05 02:28 PM
    I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.

    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?




    gchopefull
    10-02 03:52 PM
    just pm you.
    thank you




    EndlessWait
    01-10 03:00 PM
    Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.

    Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)

    took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.

    good luck to you!

    even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?



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