rishikesh75
11-09 10:28 AM
Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
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zCool
12-04 02:42 AM
You were supposed to get 92$ / hr for a LC you applied for in 2001??
exactly what is it that you do/did?
exactly what is it that you do/did?
EndRetro
06-20 01:03 PM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
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arunkotte
11-21 09:41 AM
Done!! Sent an email to 60m.
more...
abhijitp
01-25 04:59 PM
I live and take bart from fremont. let us know time and day or days of this event. I will plan to stop by or stop for hours to help IV friends.
THAT is the spirit, thank you my friend!
The drive will happen on
all weekday evenings (5pm - 7pm)
between
Tuesday 1/29/2008- Friday 2/8/2008
Are you a part of the NorCal yahoogroup?
Thanks again!
THAT is the spirit, thank you my friend!
The drive will happen on
all weekday evenings (5pm - 7pm)
between
Tuesday 1/29/2008- Friday 2/8/2008
Are you a part of the NorCal yahoogroup?
Thanks again!
sertasheep
03-16 11:14 AM
The only easy options I see for US educated physicians (of Indian origin) are either the Middle East(where , you can get jobs after min 2+ years of US work experience, not just residency) or back in India.
- Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
- Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
- I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen
If something has changed in the recent past, or I am wrong, I'd like to hear more.
Here's an email trail from 2003. You can probably talk or contact the organization given below.
>>I hope this can help clarify your situation as concerns your wife's
>>future employment in Canada. If she will be graduating from an
>>accredited medical college in he United States, she will have
>>substantially less difficulty obtaining her license to practice medicine
>>in Canada.
>>
>>She will have to complete the qualifying examinations that are
>>administered by the Medical Council of Canada. There are two of these
>>exams. Information about these exams can be found at http://www.mcc.ca.
>>She should not have to worry about being subjected to the international
>>medical graduate programs since American schools have their degrees
>>recognized by the licensing bodies in Canada.
>>
>>If you would like to speak to me directly please feel free to contact me
>>at the numbers below.
>>
>>Regards,
>>
>>Scott Butler
>>Member Relations/Project Manager
>>Association of International Physicians and Surgeons of Ontario (AIPSO)
>>2 Carlton Street, Suite 1004
>>Toronto, ON M5B 1J3
>>
>>Phone: (416) 979-8611 x 4301
>>Fax: (416) 979-9853
>>Email: membershipaipso@cassa.on.ca
>>Web: http://www.aipso.ca
- Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
- Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
- I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen
If something has changed in the recent past, or I am wrong, I'd like to hear more.
Here's an email trail from 2003. You can probably talk or contact the organization given below.
>>I hope this can help clarify your situation as concerns your wife's
>>future employment in Canada. If she will be graduating from an
>>accredited medical college in he United States, she will have
>>substantially less difficulty obtaining her license to practice medicine
>>in Canada.
>>
>>She will have to complete the qualifying examinations that are
>>administered by the Medical Council of Canada. There are two of these
>>exams. Information about these exams can be found at http://www.mcc.ca.
>>She should not have to worry about being subjected to the international
>>medical graduate programs since American schools have their degrees
>>recognized by the licensing bodies in Canada.
>>
>>If you would like to speak to me directly please feel free to contact me
>>at the numbers below.
>>
>>Regards,
>>
>>Scott Butler
>>Member Relations/Project Manager
>>Association of International Physicians and Surgeons of Ontario (AIPSO)
>>2 Carlton Street, Suite 1004
>>Toronto, ON M5B 1J3
>>
>>Phone: (416) 979-8611 x 4301
>>Fax: (416) 979-9853
>>Email: membershipaipso@cassa.on.ca
>>Web: http://www.aipso.ca
more...
hkimmi
12-22 06:05 PM
Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?
I never heard of that 180 day rule for I140.. better to check with Attorney...
even Iam interested to know that .....
I never heard of that 180 day rule for I140.. better to check with Attorney...
even Iam interested to know that .....
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h1b_holder
03-15 11:20 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
more...
clif
06-15 06:00 AM
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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TeddyKoochu
01-06 09:11 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
more...
seba
02-08 12:41 AM
Arjun, thanks for clarifying those things. I have a couple of final questions before I book my trip if you could please help me again.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
(1) My first H1B was valid from Oct 2004 to Oct 2007, and I got my stamp in Dubai. The stamp expired on Oct 2007. My second H1B is valid from Oct 2007 to Oct 2010, and I am planning to go to Halifax for the stamping. I have stayed at the same company all this time. Does "revalidation" include my situation?
(2) When leaving for Canada, they did not take your white I-94 card (stapled to passport) at the US airport. When arriving in the US, they replaced your old I-94 with a new I-94 at the US airport. Please confirm that all this is correct.
Thanks again. My company uses "immigration lawyers", but they seem rather incompetent, as many of you have experienced.
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aamchimumbai
09-12 12:06 AM
Folks,
I applied for my 485 last week and the apps. were received at the NSC on Sep 5. Typically, how long does it take for the USCIS to send a receipt notice? Rather when can I expect to see that my application was accepted for processing....
It'll be a week tomorrow. Can anyone shed some light from their past experience.
Thanks all.
I applied for my 485 last week and the apps. were received at the NSC on Sep 5. Typically, how long does it take for the USCIS to send a receipt notice? Rather when can I expect to see that my application was accepted for processing....
It'll be a week tomorrow. Can anyone shed some light from their past experience.
Thanks all.
more...
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rockstart
02-10 05:05 PM
Since your wife is the primary applicant as you mentioned I dont think you need to wait for 180 days. Your employer is no way concerened with your EAD/ GC. But in case both you and your wife are working for same H1 employer then you moving might ring alarm bells for him but in case 180 days are already over then there is not much he can do.
tattoo Green Day Wallpaper
WAIT_FOR_EVER_GC
06-08 03:18 PM
As far as I know he was allowed to board the flight. No issues there but there can be issues when he re-enters US. Since he was on B1 (10 year Multiple) he can stay max 6 months in US so he has I 94 till Apr 09 but if he say come in Oct 09 to US again the system might not have checked him off so it might display that he is still in US and he overstayed his Visa and so CBP will call him in for secondary inspection. As far as I know it can be resolved by showing flight ticket stub and arrival stamp in destination country etc. Its more if hassle than anything.
Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.
Nothing will happen. They will not have the I-94 record at port of entry. I and many of my friends did not give our I-94's while going to india. I threw away the old ones and came in with my new one.
Nobody will ask you, u don't have to take the pain of going and informing the Port of entry.
more...
pictures Download Wallpaper - Green Day
mchundi
08-05 09:16 PM
get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.
Good thing is that people will get interim benefits like EAD/AP.
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Good thing is that people will get interim benefits like EAD/AP.
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
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pasupuleti
07-05 12:37 PM
Could someone with privileges update IV in the news Page?
Thanks
Thanks
more...
makeup Green Day
Sakthisagar
10-14 10:32 AM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
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masti_Gai
09-21 09:08 AM
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=drvVXOBtvSBb
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ibbu_arif
11-16 10:27 AM
Hello Gurus,
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
kaarmaa
01-19 12:43 PM
Oh God!!
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
How can we stop these EB2I - EB3I fights?
What unites us? Only in our fights for superiority?
flipflop
12-03 04:23 PM
there are lot of threads abt this topic. search it.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
How about a case where AP renewal is pending and previously approved AP has not expired?
Can you go out of US and come back before previous AP expires?
What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?
Thanks and appreciate any replies.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
How about a case where AP renewal is pending and previously approved AP has not expired?
Can you go out of US and come back before previous AP expires?
What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?
Thanks and appreciate any replies.
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