cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
eb3_nepa
02-03 01:07 PM
The lobbying firm might help us with a few pointers, but getting an appointment should not be affected by that.
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
maine_gc
09-14 03:50 PM
LUD on my I-140 is 8/5/2007.
Notice date is April 26
Notice date is April 26
drirshad
01-18 06:51 PM
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
more...
nkavjs
12-18 11:38 AM
Thanks a lot for your reply.
This does help.
Regards
This does help.
Regards
roseball
02-09 03:20 PM
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
more...
sbay2006
06-29 10:49 AM
When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
smodekurti
05-19 11:32 PM
mrane1,
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
more...
suryamnb
12-03 09:41 AM
Friends,
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?
Thanks!
jayleno
01-08 02:40 PM
One more new option. As a successful business person, why not go for the investor visa EB5?
By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
By the way what kind of business is it? Sorry...I guess its none of my business...or I should mind my own business instead of giving lame suggestions.
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
more...
sweet_jungle
12-12 12:51 AM
went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
girishvar
08-12 07:27 AM
People who follows Gotcher school of immigration follows CP over AOS. more details @ www.immigration-information.com
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
more...
saibabu_d
08-03 10:06 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
days_go_by
08-19 11:22 AM
What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
-----
140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
In fact this migh even hurt us a little more if they stop concurrent processing.
-----
140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
In fact this migh even hurt us a little more if they stop concurrent processing.
more...
ski_dude12
04-17 01:29 AM
My suggestion would be to get in touch with your local DMV/auto insurance agent regarding the legal requirements for someone on visitors visa to drive in US.
sri1309
11-05 10:26 PM
Congratulate OBAMA.. This is the time to tell them that we would like to vote him next time. He knows the immigrant problems.. We should hope for change..
more...
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grupak
09-09 11:38 AM
Numbersusa claims it is being voted tomorrow. They are making calls against it.
Let us all call for it, and push the bill forward.
Pick up the phone. Will take just 20 mins of your time.
Let us all call for it, and push the bill forward.
Pick up the phone. Will take just 20 mins of your time.
Canadianindian
07-22 06:34 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
qualified_trash
06-16 09:34 AM
why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?
vin13
12-11 04:36 PM
Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.
We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.
But not sure if they would give out information to the applicant's spouse
We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.
But not sure if they would give out information to the applicant's spouse
sriteam
07-07 02:12 PM
http://digg.com/politics/Feds_play_games_with_immigrants
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