jelo
06-15 05:28 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
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aguy
01-05 12:53 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
webm
05-29 09:30 AM
When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says
Paroled until 02 Jan 2009
My question is which expiration date should use for renewal purposes and apply the 120 day rule.
Please let me know.
You should still consider the one which is on the AP document...
Paroled until 02 Jan 2009
My question is which expiration date should use for renewal purposes and apply the 120 day rule.
Please let me know.
You should still consider the one which is on the AP document...
2011 Randy Orton comments about
Michael chertoff
08-07 09:12 AM
Only one so far.. i hope next month there will be big forward movement.:)
more...
abhijitp
07-17 06:25 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
chantu
02-28 08:40 PM
Hi,
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
more...
rahul2699
05-13 09:33 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
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indyanguy
08-24 03:05 PM
In the past EB3 was eligible for PP before EB2 was eligible.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
http://www.murthy.com/news/n_eb3140.html
I've heard rumors that this will happen again. I don't understand the rationale though.
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needhelp!
11-12 03:46 PM
99
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getgc2008
07-30 09:17 AM
direct online filing for I485
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p_kumar
08-28 04:02 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
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spicy_guy
09-04 06:01 PM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
If you have AP you will be able to enter into the country without any issues / questions.
more...
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eldrick
07-31 05:19 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
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Blog Feeds
04-22 08:40 AM
Another sign we're about to get in to a serious debate over immigration reform. From Roll Call: According to Senate Democratic aides, Senate Majority Leader Harry Reid (D-Nev.) and Speaker Nancy Pelosi (D-Calif.) agreed during a Tuesday afternoon meeting that a �moral imperative� exists to move immigration reform in 2010. The decision to press ahead on such a controversial issue now � in an election year � comes even though Democrats have had little success attracting GOP support for their initiatives in the 111th Congress.
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
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BMS1
05-25 11:28 AM
please post the names and email adddresses of the authors....so we can all contact them.
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
"exceptional aliens" - Any one having merit points tally in the top 146K of that year with or without Y visa (even H1 will do). For those with Y visa and having merit points tally in the top 156K of that year
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
"exceptional aliens" - Any one having merit points tally in the top 146K of that year with or without Y visa (even H1 will do). For those with Y visa and having merit points tally in the top 156K of that year
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eborbust
07-01 09:19 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
more...
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sdrblr
08-06 06:21 PM
LUD on 7/13 ..... still waiting with a current PD
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jsb
11-14 11:51 AM
EAD and AP for me and spouse are online. I-485's are still not online, although FP notices are received.
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adusumilli
12-06 09:32 AM
I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.
even my employer opened a service request.
vdesai_8
03-18 11:52 AM
If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.
And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.
You might need to buy insurance for you.
And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.
You might need to buy insurance for you.
kumsoft
07-02 03:04 PM
Dear Follow member,
Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.
Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.
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