gchopes
11-23 11:43 AM
Can I apply for H1B stamp on the same H1B approved petition (not yet extended since I still have a year remaining on it) that I had when I returned on AP last year instead of H1B stamp? The reason to apply for H1B stamp this time is because of AP delay. I am hoping this memo says yes. Any thoughts?
Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.
Since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process.
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dxldad
05-18 11:48 AM
My friend lost her green card while she was on vacation in China. She got a temporary green card to travel in a week or so which facilitated her entry into US and once she reached here, she just applied for another green card claiming the initial one as lost. There were no issues except the travel delay and the monetary loss.
ssksubash
02-19 11:18 AM
Thank you for the information. How many days did it take you in ottawa ?
Thanks,
Thanks,
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sve0390
07-17 10:40 PM
I have the same question. Is there is list of FAQs somewhere?
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kirupa
03-27 12:46 AM
It isn't showing up in IE for me, but it does show up in Firefox. It must be some JPG setting?
chantu
06-21 09:12 PM
Thank you guys.
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gc28262
04-30 05:12 PM
Good one !
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PDOCT05
10-17 09:34 AM
bump.
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AllVNeedGcPc
05-21 10:33 AM
As long as you have your returning documents, i.e. AP for yourself and valid unexpired visa for your wife you should be OK.
Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.
We used it when we did our landing back in 2008.
Hello
My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B
We will need to Travel to Canada for Immigrant Landing formalities after we get PR.
How can we enter back in US so that my AOS and her H1B Status is not affected?
Thanks
Just use AVR (search online and print the rules). This way you can return on same I-94 within next 30 days.
We used it when we did our landing back in 2008.
Hello
My wife and I will be Canadian Permanent Residents in a few months. I am on EAD with I485 pending and have AP. She is on H1B
We will need to Travel to Canada for Immigrant Landing formalities after we get PR.
How can we enter back in US so that my AOS and her H1B Status is not affected?
Thanks
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panky72
06-19 12:30 AM
I live in GA. My 485 was filed at NSC and was receipted at CSC and transferred back to NSC.
As per the filing instructions, I will have to file EAD at Texas Service Center.
But some folks told me to file at the location where I-485 is pending.
I have the following questions
a> Where should I file my EAD renewal
b> Is it true, paper based EAD renewal does not require finger printing
Yes you don't need finger printing for paper based EAD renewal.
As per the filing instructions, I will have to file EAD at Texas Service Center.
But some folks told me to file at the location where I-485 is pending.
I have the following questions
a> Where should I file my EAD renewal
b> Is it true, paper based EAD renewal does not require finger printing
Yes you don't need finger printing for paper based EAD renewal.
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sanjay
11-09 04:15 PM
Any Idea when Tracker menu will work,
I am trying since last few weeks but always get error message.
Any idea how can I access Tracker?
http://immigrationvoice.org/tracker/tracker.php?view=1
On the home page, just below ACTION ALERT on the right side there is this phrase : When will I get my Greencard?
Click on it and you will get the tracker.
Hope this helps.
I am trying since last few weeks but always get error message.
Any idea how can I access Tracker?
http://immigrationvoice.org/tracker/tracker.php?view=1
On the home page, just below ACTION ALERT on the right side there is this phrase : When will I get my Greencard?
Click on it and you will get the tracker.
Hope this helps.
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nimb
06-19 01:55 PM
We did not send any original passports to NewYork consulate. Only notarized photocopies.
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GCBy3000
07-23 11:52 AM
It is your marriage and your wife. No one has right to intevene in your personal matters. Do not think too much and if any one asks, just say it is my decision.
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pdt
06-14 04:42 PM
Both NIW and Eb-1a are DIY, so I do not have a lawyer to ask. It would be appreciated if you can share the response from your lawyer.
I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
I am also thinking about interfiling, but it is said that both 140 have to be approved for interfiling of 485. How long does it take for interfiling? someone said it takes a long time. not sure if it is right.
I am in similar boat. What does your lawyer say? I am waiting for my lawyer response. How about option on interfiling NIW 140 with the pending I-485. That is do not file new I-485 but change underlined I-140 in the old one. Ask your lawyer about that and let us also know whats his/her response.
more...
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abhay
05-13 12:53 PM
Thanks guys, June travel can be postponed a bit, I guess I am worried what if it takes 2 months for approval, I dont know, I think I will go ahead and apply.
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ranand00
05-01 02:41 PM
Hi
My H1b was approved in feb 2010 for location A.Before I could start working at location A,my company found a better client (close to home,better pay) at location B .(different state).
what should my company do or have done with regards to lca for me to work at location b.
should lca have been approved before I moved to location b or could it be filed after i started working at location b. If lca was filed after I started working, is that ok.If not, how do we correct this.
thanks
anand
My H1b was approved in feb 2010 for location A.Before I could start working at location A,my company found a better client (close to home,better pay) at location B .(different state).
what should my company do or have done with regards to lca for me to work at location b.
should lca have been approved before I moved to location b or could it be filed after i started working at location b. If lca was filed after I started working, is that ok.If not, how do we correct this.
thanks
anand
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dazed
07-19 07:57 AM
I think you are perfectly fine even if you don't apply EAD/AP with I-485. The only caveat, to my knowledge is that you have to wait for I-485 receipt. (correct me if I'm wrong). But based on the number of filings expected, nobody knows when you will get a receipt. Also, I think the I-485s, though filed will still be processed by priority date. The EAD/AP applications will be FIFO. So the more you delay filing them, the more time it will take for USCIS to process your EAD/AP, especially considering the number of filings expected. Based on the processing time for the I-765, which is now more than 90 days and the fact that interim EADs are not issued anymore (see below from USCIS), it is going to interesting to see how USCIS handles this.
Elimination of Interim EADs in Process (sometime in June 2006)
Under current regulations and procedures, persons who apply for EADs can go to the local USCIS offices and obtain interim EADs if the original filing takes 90 days or more. This convenience is likely to be eliminated in the near future due to USCIS concerns over the potential fraudulent use of the interim EADs. The USCIS's view is that the manufacture of EADs should occur at the Service Center level, and the expectation placed on the Service Centers is that they will process the EAD applications and manufacture the EADs within the 90-day processing period.
The USCIS acknowledged that there is a regulation in place providing for interim EADs, but note that this regulation may have to change. It seems that the antiquated machines for producing the interim EADs are going to be scrapped, eliminating the possibility of processing interim EADs at local offices, with or without the required regulatory change.
Elimination of Interim EADs in Process (sometime in June 2006)
Under current regulations and procedures, persons who apply for EADs can go to the local USCIS offices and obtain interim EADs if the original filing takes 90 days or more. This convenience is likely to be eliminated in the near future due to USCIS concerns over the potential fraudulent use of the interim EADs. The USCIS's view is that the manufacture of EADs should occur at the Service Center level, and the expectation placed on the Service Centers is that they will process the EAD applications and manufacture the EADs within the 90-day processing period.
The USCIS acknowledged that there is a regulation in place providing for interim EADs, but note that this regulation may have to change. It seems that the antiquated machines for producing the interim EADs are going to be scrapped, eliminating the possibility of processing interim EADs at local offices, with or without the required regulatory change.
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rrarunan
11-17 10:09 PM
Hi Everyone
Just wondering if anyone in the forum can help me with this question.
My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.
And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.
According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.
My question is:
According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).
So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?
Thanks.
Any help would be deeply appreciated.
Just wondering if anyone in the forum can help me with this question.
My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.
And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.
According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.
My question is:
According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).
So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?
Thanks.
Any help would be deeply appreciated.
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sai
03-27 07:22 PM
here comes another BEC. ha ha ha ....never ending journey..
JunRN
07-18 03:39 AM
Yes, the numbers are fixed. Therefore, those who filed in July and August, which were not given number from FY2007 will get from FY2008. And that would be too many for countries like India and China.
drirshad
10-21 04:27 PM
http://www.immigration-law.com/Canada.html
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC
* AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.
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