sdrblr
05-10 10:46 AM
I sent one for my daughter's PIO 2 weeks ago and got it back on the 6th biz day. They do a great job for $12 service fee :)
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glus
06-25 09:31 AM
Hi:
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
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webr
09-07 06:41 PM
Has anyone applied FAFSA or Stafford loan with Parolee status ? , I am planning to apply for my online degree. I have H1B ,but using AP to reenter.
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KRS
07-14 09:27 AM
My Family came back yesterday via Frankfurt. No issues whatsoever with AP @ Frankfurt.
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milind70
11-06 12:49 PM
I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
admin
01-29 08:44 PM
Yeah it will move forward but retrogress back again once the approvals from the BECs begin to come in.
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DSLStart
10-02 09:22 AM
If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
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radhay
04-28 02:49 PM
There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
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martinvisalaw
07-28 11:02 AM
I still have 2 weeks before I leave for my trip, now is it advisable to apply for another AP this week and wait for it to come? Will that application make my current AP invalid?
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
You cannot enter the US on Advance Parole (AP) unless you had that specific AP when you left. So you cannot apply for AP now, leave the US, have someone send the approved AP to you in India, and use that AP to return to the US next year..
There is always a slight chance that the AP will be denied. However that should not affect your chances of getting a new AP in the future.
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
You cannot enter the US on Advance Parole (AP) unless you had that specific AP when you left. So you cannot apply for AP now, leave the US, have someone send the approved AP to you in India, and use that AP to return to the US next year..
There is always a slight chance that the AP will be denied. However that should not affect your chances of getting a new AP in the future.
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LC2002
04-14 11:06 AM
Congratulations..
Thank You!
Thank You!
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Gravitation
08-02 09:33 AM
Congress has gone into unscheduled recess till Sept 8th. Then it'll be too close to elections. Once new congress is seated, all bills introduced before then will not have any standing. So, let's be realistic and not get too excited.
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hpandey
04-30 01:36 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
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no_more_anger
05-07 06:16 PM
My brother moved jobs early last year. He filed AC21 and got an RFE immediately.
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
The move was parallel in job function and the pay was good.
They replied to the RFE and then never heard back. In these economic times, USCIS
is scrutinizing every doc that gets filed.
Just an experience....
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chintsus
08-15 02:05 AM
My H1B visa expires on Sep 22nd of this year. I am going to file for an extension but the only concern i have is my passport expires in July 2010. Does the passport expiry date matter for the H1B extension process..i know that the visa procedure requires a passport valid for at least 6 months.
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ajay
08-16 11:23 AM
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
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kanyewest
04-22 10:16 AM
Thank you for your comments.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.
I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.
1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.
2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.
Thank you again for your time and recommendations.
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alseethis
08-09 11:24 AM
Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.
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JunRN
12-18 05:35 PM
So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.
This is really a very scary ride. Hope we can all survive.
This is really a very scary ride. Hope we can all survive.
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nozerd
02-01 12:59 PM
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
narenkasam
01-25 10:44 AM
did you change the address after filing for you I485
amitbane
02-24 01:02 PM
Hi KaylaMarie,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,