anindya1234
06-01 02:35 PM
But it does increase the GC quota which will substantially hasten the process
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babu123
07-16 05:56 PM
oh man!! Still not resolved. Have to see how it goes
GreenCard_Soon
02-16 12:38 PM
Hi,
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
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checklaw
07-13 11:36 AM
Checklaw,
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
By Law, you must apply for an intended travel.
However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.
I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.
Thanks
Senthil
Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:
Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?
Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.
Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw
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sledge_hammer
05-15 07:12 AM
^^^^
sury
11-15 04:17 PM
can anyone reply on this..!!
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lj_rr
11-24 12:19 PM
I had the same issue with Country of Citizenship.
So when sending supporting docs, I attached a page in front (with super large font and different color paper) requesting this correction for Country of Birth. Everything went through fine and got EAD.
@sameer2730 :
So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
Sent the request for correction with my supporting documents.
-- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".
And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.
Please help me with your advice. I am completely in dilemma as to what needs to done..
Thanks in advance..
Vinay
So when sending supporting docs, I attached a page in front (with super large font and different color paper) requesting this correction for Country of Birth. Everything went through fine and got EAD.
@sameer2730 :
So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
Sent the request for correction with my supporting documents.
-- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".
And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.
Please help me with your advice. I am completely in dilemma as to what needs to done..
Thanks in advance..
Vinay
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americandesi
06-17 12:05 AM
I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
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kabeer_g
01-12 01:54 PM
best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
Everyone thank you so much for your inputs. Since I am planning to go to India in April, I will wait until then. However if new delhi consulate tells me that waiting till April means I need to start the whole process again (deposit fee, take another appointment, go through interview etc), then I might take a trip right away.
gcdreamer05 - During my Visa interview on Dec 19th immigration officer returned me passport on his own. He told me to come to windows 5 at new delhi consulate and deposit medical report along with passport. When I went to deposit the report and passport the person at window told me that I only need to deposit the report. He told me once immigration office looks at the report and finds it to be satisfactory, I will get a call asking me to deposit the passport. After this consulate was closed for 4 days due to holidays and then it was time for me to come back. I entered US on advance parole and was worried that there might be a problem since my H1B application was under processing in India. However I did not have a problem
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Macaca
12-14 07:24 PM
A USCIS rule appears in a USCIS catalog or addendum. My International Student Advisor had a catalog of rules for F1, COPT and OPT. Everytime I did something out of the norm, I made a copy of the rules. I will keep these rules till I get the green card.
I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.
I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.
I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.
The advantage of consular approval is that you get multiple entry visa.
Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?
Some things slip by but are noticed during the GC process.
Other concerns.
1. Kaplan was issuing I-20's in my time.
2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)
I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.
I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.
I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.
The advantage of consular approval is that you get multiple entry visa.
Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?
Some things slip by but are noticed during the GC process.
Other concerns.
1. Kaplan was issuing I-20's in my time.
2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)
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txh1b
04-20 10:50 AM
Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.
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cha79
06-05 03:22 PM
Hi illinois_alum and sanjayc,
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:
1. Manner of Last Entry : Should it be H-1B?
2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel
6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?
Thanks for your help.
more...
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redgreen
10-08 06:26 PM
Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.
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kaisersose
05-22 12:01 PM
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
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zCool
03-24 04:25 PM
I heard whole segment and it was great advocacy Mark.
I think the guy who called afterwards nailed it right..
I don't know why folks don't emphasis injustice built-in per country quota..
If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
We should hammer this point everywhere..
I have spoken abt it and no one can really say any good counter-point..
IF the pain was shared across all the nations, you bet there would be more support across the board..
Also per-country quotas are really relic of pre-1965 European only immigration policy..
Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!
I think the guy who called afterwards nailed it right..
I don't know why folks don't emphasis injustice built-in per country quota..
If discrimination is prohibited anywhere else based on persons's national origin why is it allowed to continue in Green Card queue??
We should hammer this point everywhere..
I have spoken abt it and no one can really say any good counter-point..
IF the pain was shared across all the nations, you bet there would be more support across the board..
Also per-country quotas are really relic of pre-1965 European only immigration policy..
Before anything else I would like simple just queue formed.. This is new "Asian Exclusion Law" and that should be #1 target!
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fromnaija
07-20 05:30 PM
Assuming that her 485 is not approved by the time they bring the child into the US, she could file AOS for the baby when her PD becomes current again.
NO, the child will not have to file family based and will not have to go out of country to get GC.
her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?
NO, the child will not have to file family based and will not have to go out of country to get GC.
her priority date is march 2005 .and they filed for AoS on july 2nd.Her due date is november of this year. I am guessingt hat their 485 will not be approved november of this year.So, they can bring the child on h4 into the country. but then if their 485 gets approved in a year of 18 months-- what happens to the child? How does the child apply ?family based? in that case, the child will ahve to go out of the country for a long time, till the GC is approved- right?
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boston_guy147
02-18 08:37 PM
Thanks gst76!...thats very useful info...I did not know that it was mandatory to go to home country for 1st H1b stamping. Is this a new rule?
My email is sharma.ee@gmail.com
My email is sharma.ee@gmail.com
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Beemar
12-14 11:41 PM
Dude, are you serious? You will, only possibly, be laid off in April next year. Means you have got 4 months to find yourself a new job. You already are in I-485 stage, so you don't need any immediate visa to maintain status. And you are telling me you are distressed?
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
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kirupa
06-13 01:25 PM
The number at the bottom of the poll is the number of individual voters. Since people can vote for multiple entries, you adding up the total number votes is just that - the total number of votes. It isn't the total number of people who voted.
I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)
I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)
anurag
02-12 02:12 PM
Freakin_GC,
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
I am in the same boat as you. My wife was born in another country besides India, hence the Cross Chargeability. However our (Wife and my) 485s have been filed already. I am not sure how to get into the ROW boat.
All I can offer now is that I'll post whatever I hear from my lawyer. Let me know what you can find from your end.
Regards,
Anurag
HeeKwan
02-01 08:44 PM
Congrats
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