Dhundhun
06-25 02:16 AM
Thanks for replying.
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.
so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.
AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).
AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.
As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.
Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
You have valid Visa.
#1. You go to India and when you come back, you get new I94.
#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.
#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
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anilsal
07-22 06:16 PM
Can you please tell us why you need PCC from India? Is this for the 485?.
permfiling
08-04 01:05 PM
He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.
2011 the bottle of wine.
bbct
03-14 05:15 PM
Which service center did you file your I-485 and how come your I-485 was denied by a local USCIS officer? Are you were called for an interview?
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
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abh
08-21 11:04 AM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
techskill
09-24 12:33 PM
People might also get the Last Due Date for rfe cases.
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bomber
07-25 12:16 PM
I got an approval email from CRIS last week on my I-140.
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
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Googler
02-20 09:58 PM
Thanks for the correction Googler. I transposed the % into a K value! My bad. However my larger point remains.
Yes, and that issue has been acknowledged by every version of the CIR bill -- EB-1's annual limit was reduced, and EB-3's was increased. Never mind that they also sometimes reduced EB-2's annual limit when STEM exemptions were included in the bill.
Yes, and that issue has been acknowledged by every version of the CIR bill -- EB-1's annual limit was reduced, and EB-3's was increased. Never mind that they also sometimes reduced EB-2's annual limit when STEM exemptions were included in the bill.
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sanju_dba
12-21 10:30 AM
Never saw how fire looks like....these sparks now and then sputter out of a fireplace of mounting frustation. Most sparks loose momentum because cold blowers are too many here.
Tierd of hopes! and frozen by these cold blowers! :o
Tierd of hopes! and frozen by these cold blowers! :o
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Sachin_Stock
09-14 06:09 AM
Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)
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immiusa
06-17 12:02 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
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samswas
04-20 05:41 PM
I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
She need to have AP in hand before leaving the country. I would suggest to take an INFOPASS and go the local office tell them the situation, they should be able to give you the AP there.
Here is the link to make an appointment for INFOPASS
https://infopass.uscis.gov/info_en.php
Another option is talk to your Congressman.
Goodluck
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kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
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eilsoe
10-17 10:53 AM
It ain't that expensive really...
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insbaby
10-01 01:38 AM
Hello All, Pardon me if I'm bringing up the question that's already been answered, but couldn't find any answer anywhere in the forum.
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Mostly the FP's are schedule on the same day within few hours apart. So call lawer office make sure that they recieved but not forwarded to you. It happens because every law firm are receiving and processing tons and tons of receipt notices since last month. OR call the ASC and check the appointement on the same day with your Receipt Number.
I just received my FP notice today but my wife hasn't received any. I'll wait few more days certainly before calling USCIS, but has anybody come across this situation? We had mailed all the applications together at NSC and have Receipt Notices.
Does InfoPass come to any help here?
Please suggest.
Mostly the FP's are schedule on the same day within few hours apart. So call lawer office make sure that they recieved but not forwarded to you. It happens because every law firm are receiving and processing tons and tons of receipt notices since last month. OR call the ASC and check the appointement on the same day with your Receipt Number.
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sparklinks
10-30 02:48 PM
Hi,
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
Infopass or calling USCIS wont help anything, you have to send that card with new form(forgot form#) along with orginal EAD card.
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
Infopass or calling USCIS wont help anything, you have to send that card with new form(forgot form#) along with orginal EAD card.
more...
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The7zen
04-16 03:50 PM
1. Sell all my stuff.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
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h1techSlave
10-04 12:42 PM
I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
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nixstor
08-24 05:42 PM
I mean why the hell are people on this forum asking for Labor substitution. I mean people are still so narrow minded that they want to get it done for themselves and dont want to bring a change in the system.
How ever they complain about the system which they abuse/intend to abuse
How ever they complain about the system which they abuse/intend to abuse
veni001
01-30 07:15 PM
I am actually doing this right now. See my signature.
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
indi0818
03-07 12:25 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
Thanks in advance guys.
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