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Tuesday, June 7, 2011

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  • indianabacklog
    01-03 02:38 PM
    Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?

    I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.


    If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.

    If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.

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  • beautifulMind
    05-03 07:10 AM
    beautifulMind - does your new I-140 have old priority date from EB3?

    I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!

    Don't tell the world that you r a linebreaker

    My line was broken twice before by fate. I have been here for 11 years now have a masters and worked for the same company from 8 years. lawyer screwed up filing in eb3 first when it should have always been eb2 so we refiled again....and once before I lost priority date for another reason. Anyways i am happy to be in EB2 with a priority date for Jan 2007

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  • ajay
    08-16 08:41 PM
    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.

    Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).

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  • karthic
    12-19 08:26 AM
    Hi a_yaja,
    Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo

    My Inference from Memo:
    When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.

    Please let me know if i am wrong. Thanks

    Below is the paragraph from the attached Memo

    Requests for Changes in Employment or Concurrent Employment Requests
    for Certain Cap-Exempt Aliens.

    Any alien who ceases to be employed by an employer described in
    paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
    section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
    toward the numerical limitations contained in paragraph (1)(A), be counted
    toward those limitations the first time the alien is employed by an employer
    other than one described in paragraph (5). (Emphasis added.)

    Documentary evidence, such as a current letter of employment or a recent pay
    stub, should be provided in support of such a concurrent employment petition at
    the time that it is filed with USCIS in order to confirm that the H-1B alien
    beneficiary is still employed in a cap-exempt position.

    At the time of filing of a concurrent employment H-1B petition that is subject to
    the numerical limitation of 214(g)(1)(a):
    � If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
    exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
    not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
    position, then the alien will be subject to the H-1B numerical limitation, and
    the concurrent employment petition may not be approved unless a cap
    number is available to the alien beneficiary.
    If USCIS determines that an H-1B alien beneficiary has ceased to be
    employed in a cap-exempt position after a new cap-subject H-1B petition has
    been approved on his or her behalf, USCIS will deny any subsequent cap-
    subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
    numbers are available.


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  • indianabacklog
    01-03 01:04 PM
    Yes she not current visa status :-( Thats why I am worried about her travel plan.

    If that is the case she should NOT travel without advanced parole in hand. If she chooses to do so she has NO valid immigration status on which to re enter the United States and will have abandoned her adjustment of status application.

    If she needs to travel for urgent family medical reasons if you can obtain medical notes etc you can go to your local office on an infopass appointment and try to expedite the process.

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  • pa_arora
    07-17 01:03 PM
    PDF of the case-


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  • jnraajan
    04-11 02:36 PM
    My wife's H4 visa got expired in jan 2008 and I renewed her I-94 and I-94 got extended till 2010.
    Next week she is travelling back to India throgh Lufthansa airlines from portland to Frankfurt to Chennai. Some people are telling that getting transit visa in Frankfurt airport is difficult if visa stamping got expired eventhough you have valid I94. Is it correct?

    I have two questions here.
    1 Is really transit visa required, as just she needs to catch another flight in other terminal in the same airport?
    2. If transit visa required will it be problem if her visa stamping got expired ( But she has vaild I797 and I-94 documents ).

    Please help me by answeringthese questions.

    Brahma Reddy

    There are so many threads on this forum regarding Transit Visas. Please search for those thread for answers. I have listed a couple of thread regarding this.



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  • Nabeel
    10-26 04:34 PM
    I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.


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  • jsb
    10-24 04:04 PM
    Yes Sir...I am in the same situation...My Checks cleared on Oct 10, 2007 and I got my receipts on 10/16...Those receipts starting with SRC0800XXXXXX are not available online upto 10/22. But when I check status online on 10/22 afternoon...My and My Spouse EADs are approved and Cards Ordered. But rest of the Receipts still not available online.

    My receipts starting with SRC0800xxxx are still not in the system either. It is told that it takes a few days to get them in the system.

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  • windsordesi
    04-23 12:32 AM
    I see no reason why you cant move to permanent offer.

    Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
    then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..


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  • pankaj_singal
    08-21 09:14 AM
    Very well said!

    "By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone..."

    Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.

    By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...

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  • perm2gc
    11-05 02:31 AM

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.



    You cannot apply for transfer your present H1 to new employer...The kind of documentation required will not available with you at this time..so filing for a new H1 is very good option...

    Good Luck !!!


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  • alterego
    05-28 09:49 AM
    As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.

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  • pd_recapturing
    08-14 10:45 PM
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.


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  • ItIsNotFunny
    11-12 11:38 AM
    This is simply called pure selfishness.

    The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).

    Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.

    The way nk2006 misused IV resources for such a simple personal issue is unpardonable .

    Knowing that there are such people among 'highly educated' is disheartening.


    Let me clarify couple of things.

    1. This is highly widespread issue. It affects you, me and everyone. If you didn't pay enough attention on whats going on, its your problem.

    2. Yes, NK2006 has put multiple threads and you are annoyed. But who are you saying this is misuse of IV resources? What is your contribution in action items and IV activities? I am not talking monetory part but activeness. If you are not contributing, you should not care about organization resource right?

    I hope you learnt that its OUR organization. Any problem we are discussiing is OURs. Not your and mine.

    Please forgive NK2006 for multiple threads and try to pay attention on real problem. If you still didn't understand depth of problem, PM me, I will give my contact numbers and we can talk at leisure.

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  • bbct
    02-17 04:57 PM
    Mine was suppose to expire on 01/24/2009 and still haven't received a new fingerprint notice. This I learned through the senate's office. In fact, the 2nd EAD renewal got approved in 25 days without any fingerprints. So, I don't know what is happening. I took an Infopass appointment to inquire about this, but the officer just responded saying they would get back if needed.

    Most of us who filed during jul/aug 2007 got our FPs done later that year.

    Aren't those FPs valid for only 15 months or so?

    So have folks started receiving their second FP notice yet?



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  • bestia
    07-16 10:52 PM
    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.


    He will not lose his job. He will be criminally prosecuted.

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  • rbkrao
    09-12 01:20 PM
    There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?

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  • seahawks
    07-27 03:16 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.

    Even though this is how they have documented it, in many of our cases, the packet was received for or signed for at least 1 week before the receive date. When I received the notice, my receive date was June 14th, my notice date was June 16th, but the Fedex reached and accepted date was June 8th:) I guess since there is a back log, may be they started stamping the packets received date and then entering them as the receive date due to back logs on receipting itself. Thats my thought.

    03-28 03:08 PM
    A small amendment for this bill could make everyone including high skilled and low skilled happy.

    Have arrived here at the age of 75 or under;
    Delete the section Serve in the military or attend college for at least two years

    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.

    07-25 08:58 AM
    This whole quota is the number which USA admits per year into its inner circle i,e, GC. Now once that quota is full, you can't be given access to inner circle(IC) or allowed to fill 485 which is final verification to the IC. Inner circle facilitates you with a EAD/AP for you and your spouce.

    Now question is why 485 is the last stage as its employee verification ? simply because employee fiiling up a job. establish 1st, job is available and no worker from IC is there to do it. Then verify who supervises the job gets done (Employer) and then verify who will do the job (emplyee). Although there are so many jobs to be done, quota stipulates how many of then to done by IC people. Rest will be done contructer or temps like the us.

    Theoritically all these process should have been finished within a year or so to do justice to all... But there are other proprities... Who is more important etc. Then there is politics like IC people want to have good life ...so they slow down the work...making a dely...or the resources are taken from this field to another at the cost of us because we have no say on the process which will elevate us...

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