Kama Of Kingstone

I filled on July 11th no receipt, no check cashed. My lawyer told me, that my lawyer has 50 more candidates waiting to get receipts in month of July.
I think there are many waiting for receipt. Take it easy.

Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:

1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?


2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?

Please help. Thanks a lot.

1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date. You can get more info here : https://www.vfs-usa.co.in/Home.aspx

2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.

Can soneone help me with this question.....please....

My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

Thanks in advance!

Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.

Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

If I do mention it:

Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.

Recently received interview letter, scheduled for Sep,3rd.

1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

2. Is I-140 approval copy required? Interview letter does not say anything about it.

3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?

For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.

Good luck with the rest.

Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.

NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.

I'm almost done with my Canadian PR process and moving with my family to Calgary in October.

Hi Suk,

We have been already working on this. Please see:

http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf

On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".

This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.

Thanks for your help!


Walden pond, is there anyway we can do a rigorous push for this. Is there something that we can do about it. Also, after this letter to USCIS, was there any response from their end...thanks for your time, btw, congratulations on receiving your green card. You really deserve it and trust me, every single soul in IV is happy for you.

I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.

There were absolutely no issues, wasn't asked a single question on entry.... looks like all
the stories of trouble at POE are baseless.

:confused:I am going to call the USCIS customer service and ask them what should my next steps be... Will keep you guys posted!

have the same q. I was told not to change till EAD comes. But with this flood gate open that could take long.

I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!

new memo from uscis
http://www.uscis.gov/files/pressrele...ling062107.pdf

Oh law quote:

"During the lead period from 06/21/2007 to 07/29/2007, people can make a direct filing or in old ways. Accordingly, the July 2007 EB I-140 and I-485 filers using the July Visa Bulletin can make direct filing to eather Texas Service Center or Nebraska Service Center depending on where their place of intended employment is located."

Bulletin quote:

"USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."

calling on your high skills...iv is you and me...remember!!

You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.

Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.

Thanks.

No issues for me when I came back on H1B on 4/20/2009.

I had a H1B stamped on my passport from my previous employer and I was carrying new H1B approval notice from my current employer. I got I-94 till the validity of my new H1B approval from my current employer.

No issues whatsoever, no question asked and it was smooth sail.

Who said that concurent filing is available for PERM only ???

That is not true right ????

Somebody please clarify !

Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.

Kaiser.
thx for replying . but I do not want both Visa on Oct1.

My L1 ends sometime in mid September.
My H1 would be effective only from Oct 1.
So, during this time I will be out of status right ?

So if I do my L1 Extension, I might solve the problem.
But Will doing that affect the approved H1 ?

Pls. help. thanks.

As far as I know, your H will impact your L, not the other way around. Your most recent I-94 will determine your status. Your H I-94 will start from Oct 01.

1. If your L extension cannot happen before Oct 1st, your L I-94 starts earlier than the H and will beinvalidated on October 1st.

2. If your L extension happens after October 1st - it will not happen because at that time, your status would have changed to H. So the ext will be denied as far as I know.

If you wish to continue your L after Oct 1st, get an extension approved, travel out of the country before Oct 1st, get a visa stamped and return on L after Oct 1st.

in early April..... before FP....

I really hope you get the GC, but I doubt it, just like others here.

LUD in April does not mean anything as tons of people got LUD in April.
Good luck though.

GCCovet

People who want to volunteer:

Please PM Franklin or/and me your e-mail address and phone number so that we can share the phone list. There are 380 numbers to call. So if e'one takes 50
we need seven members.

This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.

Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
Thanks

One of my friend filed on July 2nd through her lawyer but she has not received any Receipt Notice (her checks have also not been cashed yet).

Her lawyer has the Fedex delivery confirmation that the application was delivered on July 2nd.

Anyone in similar circumstances? Would appreciate any help on this matter.