suwarnapatel
07-27 07:55 PM
I have to be out of the country for almost a year, beginning August and until 15th of July.
To prepare for this I applied for my AP in June, thinking that it will take about 30-45 days to be approved. As Luck would have it, my AP was accepted in a week and now I have an expiry on it for the 1st week of June.
Here are my questions:
I still have 2 weeks before I leave for my trip, now is it advisable to apply for another AP this week and wait for it to come?
Will that application make my current AP invalid?
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
Regards,
SP
To prepare for this I applied for my AP in June, thinking that it will take about 30-45 days to be approved. As Luck would have it, my AP was accepted in a week and now I have an expiry on it for the 1st week of June.
Here are my questions:
I still have 2 weeks before I leave for my trip, now is it advisable to apply for another AP this week and wait for it to come?
Will that application make my current AP invalid?
From what I understand, you need to be here in the US while you apply for your AP, but can travel on your older AP while this one is still in process. Is this correct?
Is there a chance for AP denial, and how does that affect the chance of an AP extension in Future?
Regards,
SP
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a.j.2048
03-04 04:43 PM
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
People are usually smart enough to understand that the URL does not mean much. For e.g. people going to ibnlive.in.com understand they are going to the Congress News Network and not to CNN.
logiclife
07-13 11:49 AM
IMMIGRATION VOICE ACTION ALERT: 7/11/2007.
Dear Members:
Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.
Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times (http://www.nytimes.com/2007/07/11/us/11visa.html) and Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html) on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.
This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.
EVENT:
Peaceful protest march by Legal Immigrants in San Jose, CA.
LOCATION:
The New City Hall
200 E Santa Clara St
San Jose, CA 95113
DATE:
Saturday July 14, 2007
TIME:
11:00 am To 2:30 pm
ORIGIN, DESTINATION, ROUTE & PARKING DETAILS:
11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.
PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: http://www.sjdowntownparking.com/free_parking.php (http://www.sjdowntownparking.com/free_parking.php) )
1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
4) 2:30 PM: back to City Hall
IMPORTANT THINGS TO REMEMBER:
1) Abide by the laws.
2) Stay on sidewalks.
3) Follow traffic rules, show courtesy to other pedestrians.
4) Do not block building entrances.
5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.
WHAT TO BRING:
Plenty of water, snacks and sun block (if needed).
BANNERS AND SIGNS:
Do not bring your own signs. We will have banners and signs ready for you.
FOR DRIVING DIRECTIONS TO THE NEW CITY HALL IN SAN JOSE, SEE BELOW:
http://www.sanjoseca.gov/newCityHall/gettingThere.asp (http://www.sanjoseca.gov/newCityHall/gettingThere.asp)
IMPORTANT DISCLAIMER: Event leaders or organizers take no responsibility and will not be held responsible for any injuries or accidents that may occur during the posted events. It is your responsibility to abide by law. By joining this event, you are taking responsibility for your own safety and well-being.
-----------------------------------------------------------------------------------------------------------------------
Regards,
Immigration Voice Core Team.
Dear Members:
Immigration Voice is organizing its first peaceful protest rally in San Jose, CA on July 14th in order to protest the broken system of legal high-skills immigration. This protest march is being organized to oppose the enormous visas backlogs in the employment based immigration system. This protest march is also intended to oppose the recent decision of USCIS to block the adjustment of status petitions in July resulting from an unprecedented out-of-order reversal on the part of DOS and USCIS.
Please join this rally in huge numbers to create more awareness in the Media, Congress and the Administration. We are already getting attention of Congress and the Administration due to recently published articles on the flower campaign in New York Times (http://www.nytimes.com/2007/07/11/us/11visa.html) and Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/10/AR2007071002055.html) on July 11th. If you cannot join but if you know someone who lives in San Jose area and who doesn’t know about this effort, please ask him or her to join this rally. More numbers will get us more media coverage and more attention to this issue.
This rally has the potential to bring our issue to the attention of everyone, including the Silicon Valley tech employers who have a stake in the morale and productivity of the hi-tech foreign employees in their companies and their backlogged immigration.
EVENT:
Peaceful protest march by Legal Immigrants in San Jose, CA.
LOCATION:
The New City Hall
200 E Santa Clara St
San Jose, CA 95113
DATE:
Saturday July 14, 2007
TIME:
11:00 am To 2:30 pm
ORIGIN, DESTINATION, ROUTE & PARKING DETAILS:
11:00 AM: Meet at San Jose City Hall at 200 E Santa Clara St.
PARKING: (Free weekend parking in the 4th St. garage on 44 South Fourth St., & San Fernando St. across from the MLK Jr library; For other free parking areas in downtown San Jose see: http://www.sjdowntownparking.com/free_parking.php (http://www.sjdowntownparking.com/free_parking.php) )
1) 11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (150 E San Fernando St).
2) 12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St, Market Street and N 1st Street.
3) 1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
4) 2:30 PM: back to City Hall
IMPORTANT THINGS TO REMEMBER:
1) Abide by the laws.
2) Stay on sidewalks.
3) Follow traffic rules, show courtesy to other pedestrians.
4) Do not block building entrances.
5) Dress Professionally. No shorts or Bermudas. Wear formal dress clothes, semi-casual or business-casual.
WHAT TO BRING:
Plenty of water, snacks and sun block (if needed).
BANNERS AND SIGNS:
Do not bring your own signs. We will have banners and signs ready for you.
FOR DRIVING DIRECTIONS TO THE NEW CITY HALL IN SAN JOSE, SEE BELOW:
http://www.sanjoseca.gov/newCityHall/gettingThere.asp (http://www.sanjoseca.gov/newCityHall/gettingThere.asp)
IMPORTANT DISCLAIMER: Event leaders or organizers take no responsibility and will not be held responsible for any injuries or accidents that may occur during the posted events. It is your responsibility to abide by law. By joining this event, you are taking responsibility for your own safety and well-being.
-----------------------------------------------------------------------------------------------------------------------
Regards,
Immigration Voice Core Team.
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gc28262
07-30 12:36 PM
Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.
Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.
Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.
Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.
Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.
more...
inskrish
08-13 12:17 AM
Dhagala lagli kala... GC themb themb gala...
English translation please.:D
English translation please.:D
dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
more...
gene77
08-20 03:51 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
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EkAurAaya
04-13 09:14 AM
Not sure if this information is already shared... but its good for people who prefer written communication then oral
Senate -
http://www.senate.gov/general/contact_information/senators_cfm.cfm
House of Rep -
http://www.house.gov/writerep/
Senate -
http://www.senate.gov/general/contact_information/senators_cfm.cfm
House of Rep -
http://www.house.gov/writerep/
more...
GCInThisLife
07-18 05:30 PM
just emailed... it should have 4 pdf files.
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BECsufferer
10-10 01:12 PM
Vactor29;
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
Yes they need proof of your being able to get back to USA. At my time, I didn't had EAD or AP in-hand.
You can use private company as mentioned below. As far as I know the company I contacted was based in DC and they said they only process for US citizens. So I had to do on my own thru Chicago consulate office of Germany.
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
more...
boreal
09-07 11:32 PM
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
Can this thread be made sticky please OR moved to the top of the main page so that over time we can get some estimate of correct numbers?
Thanks in advance,
B
Can this thread be made sticky please OR moved to the top of the main page so that over time we can get some estimate of correct numbers?
Thanks in advance,
B
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srikondoji
07-27 02:20 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
more...
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AZ_GC
08-27 05:23 PM
No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).
Thanks,
Jayant
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
Thanks,
Jayant
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
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gps001
02-23 02:34 PM
Hi,
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)
I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.
Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?
Thanks.
more...
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keaby
06-18 05:36 PM
If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..
In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client
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chakrijs
02-15 09:12 AM
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
more...
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kabeer_g
08-10 12:05 PM
Hello,
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
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puskeygadha
01-13 03:29 PM
oaktree
I am live example..
my perm was denied..and we filed MTR which has not gone through yet
then my company filed another perm but for a different position and
description..that got approved..
i extened H1 with MTR but lost my priority date..which does not matter to me
since i am EB2 and Rest of the world...just incase my MTR gets accepted
i can use that PD
I am live example..
my perm was denied..and we filed MTR which has not gone through yet
then my company filed another perm but for a different position and
description..that got approved..
i extened H1 with MTR but lost my priority date..which does not matter to me
since i am EB2 and Rest of the world...just incase my MTR gets accepted
i can use that PD
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needhelp!
11-05 06:27 PM
..
phillyag
07-18 03:07 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
mallikonnet
07-19 11:01 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
