indianabacklog
01-03 12:43 PM
Hi All,
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.
But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?
I have an approved H1b till early 2009 and plan to use same for my travel.
Any pointers on this one?
Thanks
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
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kiwi
06-22 09:32 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
gceb3holder
02-27 06:32 AM
I have received my GC on January 28th. My company filled the following with USCIS:
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
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11-07 12:52 PM
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fromnaija
07-10 12:08 PM
This being your first post on this forum, I'd like to advise that you include URL in your post otherwise one might think you are making this up.
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
shree772000
07-20 01:07 PM
Look at this Job posting in the craigslist.
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
more...
jambapamba
08-03 07:34 PM
Hi experts,
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Now I see why you keep asking the same question...you started the thread.
Ok, here you go...
1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).
Can someone help me in this regards. Awaiting eagerly for ur expert comments.
Regards
Now I see why you keep asking the same question...you started the thread.
Ok, here you go...
1. It doesn't matter how many years experience you have. Unless the job requires EB2 level requirements, you cannot apply EB2. If the job has the requirements and your education/exp match that...then you are EB2.
2. To your question yes you can file new EB2 without affecting your 485. Now, the problems you would face are at Labor and 140 stage trying to prove that your new job reqs are significantly different from the original. After that, changing 485 is not diffcult...(even if it's approved).
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vkxml
11-01 11:19 AM
I filed 485 on July 18 in NSC. I called USCIS on Oct 16 (exactly the 90th day), early in the morning. 1-800-375-5283(1,2,2,6,2,2,1). The lady who picked up said they have introduced a new system to raise a 'Service Request' for those who are waiting for more than 90 days for check clearance. She siad that mine was the first case she was entering into the system. She keyed in my details and gave me a Service Request # and said that an agent will be assigned to my case within two days to look for my application. On Oct 18th, I found that my checks were cleared. But the rec # are not showing on online yet. So, pls call USCIS and raise a service req if you don't see any activity yet, it worked for me, though the rec # s not updated online yet.
I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.
God bless u; I have asking them for a Service Request. They do not want to raise any Service Request and asked me to wait.
- VK~XML.
I found that my appln was moved from NSC to TSC, as my rec # starts with SRC-08.
God bless u; I have asking them for a Service Request. They do not want to raise any Service Request and asked me to wait.
- VK~XML.
more...
SREE_485
08-13 04:31 PM
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
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JazzByTheBay
09-14 10:06 AM
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SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
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cheers, and see ya'll in DC!
jazz
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
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singhsa3
08-20 07:05 PM
Just curious any July 2nd filler , filled at NSC with an approved I-140 and have PD earlier than 1/1/06 still waiting?
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lostinbeta
10-05 04:40 PM
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gc_check
10-17 01:22 PM
Hi All,
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
Not sure if you can prepone. Call the customer service and check if they can schedule sooner. I think, given the July fiasco/rush, they schedule based on the availabilty of appointment in local office.
Also can you please share you reciept date/notice date and when you received your FP appointment. Was your case directly sent to TSC or got trasnferred to TSC from other center.
I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.
I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.
Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?
These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...
rangeela....
Not sure if you can prepone. Call the customer service and check if they can schedule sooner. I think, given the July fiasco/rush, they schedule based on the availabilty of appointment in local office.
Also can you please share you reciept date/notice date and when you received your FP appointment. Was your case directly sent to TSC or got trasnferred to TSC from other center.
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adGurkha
06-29 12:47 PM
I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
Is there a way I can get a copy of this from USCIS?
Is there a way I can get a copy of this from USCIS?
more...
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gc2
09-17 10:19 AM
Hi,
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
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gcwait2007
02-16 11:26 PM
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
more...
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desi485
11-24 05:48 PM
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
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anilsal
01-06 08:24 PM
a while back I had read on the forums (do not know whether it was IV or elsewhere) where a guy got a visit from USCIS because he availed unemployment benefits for sometime.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
I have also read about people getting benefits on AOS without any trouble.
Again, it is better to be safe.
Consult your lawyer.
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pappu
04-14 07:45 AM
We have a call today @ 7 PM EST if someone wants to send questions/be in the call.
bkarnik
04-04 10:36 PM
The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.
gc28262
06-14 05:00 PM
I wonder whether the author even worries about America's competitiveness. For him it is all about him, his citizenship etc. Lesser competition means better wages for writing 4 lines of HTML code. Why should he care about America and its competitiveness !