tinamatthew
07-21 01:37 PM
bumping it....I need some links guys
I agree - some links guys. An EAD and AP last only for 1 year. After that I expect we would have to pay for a renewal
I agree - some links guys. An EAD and AP last only for 1 year. After that I expect we would have to pay for a renewal
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starscream
08-27 05:00 PM
VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.
Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.
The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).
The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).
All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)
chaukas
08-28 03:20 AM
Have sent several mails , but to no avail ....
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onemorecame
10-25 01:19 PM
Hi Gurus,
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
Bump
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
Bump
more...
chanduv23
04-21 04:27 PM
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
indyanguy
08-03 12:05 PM
I've been waiting for 400+ days for my NSC-EB3-140 to get processed. Really frustrating!! :mad:
more...
sandy_anand
12-08 05:50 PM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
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chanduv23
07-15 06:47 AM
They do seem to have influenced their politicians. But major impact is from people like Ron Hira, Lou Dobbs etc... these are propoganda specialists. They preach hatred among skilled immigrants and wrongfully inculcate hatred in minds of people.
Offcourse Roy Beck and his organization also does the same think.
SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...
Offcourse Roy Beck and his organization also does the same think.
SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...
more...
lsuk
07-21 07:17 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
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immi_enthu
08-28 09:34 AM
They might return urs , simple.
what will happen in case of 140/485 concurrent filing ?
what will happen in case of 140/485 concurrent filing ?
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panky72
09-17 05:09 PM
there was a thread before which I am unable to find..abt a guy who was told that Ap is only for emergency travel...someone had quoted a law from INS taht said otherwise...I want to keep a copy of the law handy in case I find an eccentric IO at POE...
Anyone has a link to that legislation..?
its probably this thread
http://immigrationvoice.org/forum/showthread.php?t=21334
Anyone has a link to that legislation..?
its probably this thread
http://immigrationvoice.org/forum/showthread.php?t=21334
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VenuK
07-10 06:03 PM
hi gapala,
Thanks for your response...
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
Please let me know your thoughts.
With Thanks
Venu
Thanks for your response...
The result of the appeal is still pending....
one thing for sure that i have decided is that , I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
Please let me know your thoughts.
With Thanks
Venu
more...
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gjoe
05-01 10:44 AM
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
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eastindia
05-14 04:15 PM
It is time to pass the DREAM Act.
more...
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javadeveloper
08-25 06:12 AM
Is it true that if we apply for candadian PR we can't apply for visitors visa to cananda.
I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.
Thanks in advance...
Discussions are here http://immigrationvoice.org/forum/showthread.php?t=738 . Good Luck
I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.
Thanks in advance...
Discussions are here http://immigrationvoice.org/forum/showthread.php?t=738 . Good Luck
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abhishek101
05-21 12:42 AM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
more...
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buehler
07-10 04:22 PM
Here is the link - Visa Bulletin for August 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html)
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LostInGCProcess
11-13 03:43 PM
With his executive power he could expedite the adjudication of I-485. Call President Bush. :D
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InTheMoment
09-10 03:38 PM
I sooo hear you ...especially the "shitty town in northern mass Lawrence"...and Infopass in that town. How did you bear this obnoxious combination man :p? If they can't give any more info why is the use of our taxes going to pay his (Infopass "IO") salary.
I guess there were no dates in the Boston office I guess... they are usually a bit more helpful.
I guess there were no dates in the Boston office I guess... they are usually a bit more helpful.
trueguy
08-11 10:57 AM
please add year 05, 06, 07 and 08 too.
Please vote here for cases with PD of Jan 2004 onwards:
http://immigrationvoice.org/forum/showthread.php?t=20797
Thanks.
Please vote here for cases with PD of Jan 2004 onwards:
http://immigrationvoice.org/forum/showthread.php?t=20797
Thanks.
roseball
11-19 12:45 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
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