duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
wallpaper A simple vegetation food chain
san3297
08-31 12:35 PM
HI All,
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I dont have any travel plans atleast a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
gc28262
04-20 09:20 PM
Hey gc28262,
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
Here is the complete instruction with address:
Fill out I-131 Application ( Or use the copy of the original application )
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
Attn: SIIO Rhonda Hill Johnson
4141 St Augustine Rd
Dallas, TX, 75227
On lower left corner of the envelope mention the following:
do Not open in the mail room, No fees are attached
I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).
Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.
Thanks
Srini
Here is the complete instruction with address:
Fill out I-131 Application ( Or use the copy of the original application )
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
Attn: SIIO Rhonda Hill Johnson
4141 St Augustine Rd
Dallas, TX, 75227
On lower left corner of the envelope mention the following:
do Not open in the mail room, No fees are attached
2011 A food web is therefore a more
gc_check
01-16 10:58 AM
I received a RFE on experience letters (EB3). I have searched everywhere but haven't found the format for a winning experience letter.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
Can someone with an approved 140 please paste a format of the experience letter on this thread?
Thanks!
I'd worked for multiple employers prior to filing labor. Each employer experience letter is of different format. Only think you need to make sure, the letter reflect is the period you worked for the company, you role/title in the company, and the technologies you were working on. In some case, you might have the salary mentioned too. There is no such thing as a format, and each company has its own. If you had worked for one of the larger organization, you might get only on the standard format as per the company guidelines. You can have an additional, notarised letter from a co-worker or your previous manager.. along with the letter from your previous employer, if you are not able to get in a specific format. I'm not sure on the letters to submit in case of a RFE.. but in general this works.
more...
redcard
12-19 12:10 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
Thanks in Advance
AJ
My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
One of my friend is in a bad situation, I am posting on behalf of him,
Thanks in Advance
AJ
My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
waitingnwaiting
01-26 11:10 AM
01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
* Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
* Text of S.6:
o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
o SECTION 1. SHORT TITLE.
+ This Act may be cited as the ``Reform America's Broken Immigration System Act''.
o SEC. 2. SENSE OF THE SENATE.
o It is the sense of the Senate that Congress should--
+ (1) fulfill and strengthen our Nation's commitments regarding border security;
+ (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
+ (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
+ (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
+ (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
+ (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.
more...
thomachan72
07-28 11:07 AM
it is not easy as you think. Once you have this non renewable/non transferable stamp on the license you are stuck. For eg:- even if you stay in the state that issues that lisence (in this case Ohio), you will have to retake the whole test (computer + driving test) to even renew the lisense when your visa is renewed. You initially get the lisence only valid until the day of your visa expiry.
bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.
bottom line:: THIS IS THE CRAZIEST RULE THAT I HAVE COME ACCROSS. The more a person drives I was under the impression that her/his skills improve. I am not against checking the visa validity etc but to make you take the whole drivers test again is SIMPLY STUPIDITY.
2010 simple food chain diagram.
mariner5555
02-08 09:05 AM
my first EAD expires on aug 16 2008. should I file for new one 180 days before or is it 120 before expiry.
is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !
is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !
more...
tonyHK12
10-11 05:43 PM
until the economy improves, i am not too optimistic that something will happen in lame duck session
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
well there maybe some truth to this, but our situation is desperate, we can't afford to not give it our best, or stop trying.
'The best defense is a good offense'
- Sun Tzu - The Art of War
- Bruce Lee - Jeet Kune Do, Wing Chun
for CIR......some people are going to bash me for this, politics blah blah...
'Dont use a Cannon to kill a Mosquito'
- Confucious
Disclaimer, I'm an Indian
hair food web of Bear Island
gcdreamer05
02-13 10:50 AM
do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????
more...
sixburgh
06-28 03:44 PM
I am one of the July 2007 485 filer.
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
hot Diagram
Berkeleybee
03-27 05:49 PM
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
Jnayar,
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
Jnayar,
It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2
best,
Berkeleybee
more...
house rainforest food chain diagram.
InTheMoment
06-29 01:01 AM
Yabadaba,
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
tattoo Ocean Food Chain Diagram
GC_newbee
11-06 10:07 PM
Any other ideas/suggestions friends?
more...
pictures mangrove food chain
cbpds
02-11 01:26 PM
you can send it via usps , it will reach in 10 days.
Disclaimer: Again there is always an element of risk in life :)
Disclaimer: Again there is always an element of risk in life :)
dresses Food Chain Diagram
Sakthisagar
05-19 11:02 AM
Look i am not trying to say "mera bharat Mahan". All i am saying is tell me why should the Indian PM work to get us the Green Card. If you feel the Indian PM is incompetent, that is a different issue. Even if there was a competent PM, why should he/she work to get our Green Card?
Mexico is a bordering country and has a different kind of trade and agreeements. It is not the same for other countries like India and China.
Tell me why not Indian PM can't indicate to The US President on immigration? what is wrong in that logically, only for dollars and election fund they need NRIs how many Indians who are in US contribute to the Indian economy. Tell me what is wrong in asking ?
Mexico might be bordering country but India aslo ahve trade agreements with US, is PM afrain of US authorities? or there is no order for the all powerful all is wel madame and her son who is good for nothing?
Tail Note: heard from confidential sources when Indian PM visited White house it is said for every question President Obama asks he was on hot line with his master madame in Delhi for answers, he can never say anything without asking her!
Mexico is a bordering country and has a different kind of trade and agreeements. It is not the same for other countries like India and China.
Tell me why not Indian PM can't indicate to The US President on immigration? what is wrong in that logically, only for dollars and election fund they need NRIs how many Indians who are in US contribute to the Indian economy. Tell me what is wrong in asking ?
Mexico might be bordering country but India aslo ahve trade agreements with US, is PM afrain of US authorities? or there is no order for the all powerful all is wel madame and her son who is good for nothing?
Tail Note: heard from confidential sources when Indian PM visited White house it is said for every question President Obama asks he was on hot line with his master madame in Delhi for answers, he can never say anything without asking her!
more...
makeup tundra food web. Tundra
ggc
10-18 03:44 PM
Thank you all for your replies.
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
My attorney is in NY, he said he cannot come to CA for my interview.
Can I take a local attorney just for the interview purpose?
And we have a 1 year old kid, can we take kid to the interview?
girlfriend monkey food chain
gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
hairstyles Food Chain. (Diagram)
adusumilli
10-16 06:23 PM
I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.
I had lud's on same dates after fp as yours, I really don't know what it means.
I had lud's on same dates after fp as yours, I really don't know what it means.
David C
August 16th, 2005, 06:46 PM
Gary, you never happened to mention if you reached any conclusions regarding optimal workflows for the processing of white flowers etc??