ksrk
01-07 08:37 AM
Hi,
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.
Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.
murthy.com has a good article on this exact point this week...check that out too for further clarification.
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.
Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.
murthy.com has a good article on this exact point this week...check that out too for further clarification.
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krishmunn
02-07 10:49 AM
Go to FLCDataCenter.com (http://www.flcdatacenter.com/OesWizardStart.aspx) . Plug your state and then select the city . In the job list, select Computer and Information Systems Managers.
You will see Four Wage Levels. as long as your wage (or proferred wage) is at least in Level 2 range, it is easy to sail through EB2.
If it is less than Level 2 wage, change the job to something like Computer System Analyst. The wage level is much lower but you will need a very good attorney to establish it as EB2.
You will see Four Wage Levels. as long as your wage (or proferred wage) is at least in Level 2 range, it is easy to sail through EB2.
If it is less than Level 2 wage, change the job to something like Computer System Analyst. The wage level is much lower but you will need a very good attorney to establish it as EB2.
add78
02-18 04:07 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
No. When you are residing in USA in H4 status, you simply CANNOT work and get paid, regardless of who the employer is (even if outside of USA) or where your "earned income" is being deposited (even if outside of USA) or in which currency your "earned income" is (even if non US dollar) or how you are working that is providing you with "earned income" (even remote office or home office that does not displace american worker)
In short - No.
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
No. When you are residing in USA in H4 status, you simply CANNOT work and get paid, regardless of who the employer is (even if outside of USA) or where your "earned income" is being deposited (even if outside of USA) or in which currency your "earned income" is (even if non US dollar) or how you are working that is providing you with "earned income" (even remote office or home office that does not displace american worker)
In short - No.
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WillIBLucky
06-18 10:44 AM
But, when the doctor asks you if you having any history of problems then you may have to tell him that.
Else, you should be fine. Good Luck
Else, you should be fine. Good Luck
more...
kriskris
07-28 04:39 PM
I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.
Also there is no FP for AP. We just have to mail our photos with the print out.
Also there is no FP for AP. We just have to mail our photos with the print out.
dexter
12-16 05:26 PM
Hi Charles ,
Thank you for the reply. really appreciate your feedback.
Thanks.
Thank you for the reply. really appreciate your feedback.
Thanks.
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summitpointe
09-21 06:37 AM
Better go to Delhi. You should not have any problems as you're a returning worker.
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northstar1
07-26 03:57 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
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PDOCT05
10-31 10:53 AM
Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((
Did you got the Rejected notice back? These lawyers are big A**** they don't do proper job after getting money. In the mean time pls have all your congressmen and senator info ready to contact in case of rejection.
Did you got the Rejected notice back? These lawyers are big A**** they don't do proper job after getting money. In the mean time pls have all your congressmen and senator info ready to contact in case of rejection.
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franklin
07-05 11:04 AM
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
It can become unavailable when 140k visas are used for the year
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seahawks
10-30 08:58 PM
Calling all Washingtonians.. please make it a point to attend the meet and greet event!
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meet
08-28 10:16 AM
Hello,
Just getting tensed, bcos I have cleared some of the interviews but the middle vendor are not ready to provide me with Client Letter which is required for my H1 extension as told my Visa sponsoring Company. The middle vendor will be providing with a Work Order.
-What are the chances of getting H1 approval without having Client letter?
-Will work order sufficient document to show INS that the client is requiring me for their project? Or will there be any RFE for it?
- if there are more that 2 middle layers (e.g. my company -> middle vendor A -> middle vendor B -> Client) , does INS require letter from every layeri.e. from A and B company ?
Please let me know about it. thanks in advance.
Meet
Just getting tensed, bcos I have cleared some of the interviews but the middle vendor are not ready to provide me with Client Letter which is required for my H1 extension as told my Visa sponsoring Company. The middle vendor will be providing with a Work Order.
-What are the chances of getting H1 approval without having Client letter?
-Will work order sufficient document to show INS that the client is requiring me for their project? Or will there be any RFE for it?
- if there are more that 2 middle layers (e.g. my company -> middle vendor A -> middle vendor B -> Client) , does INS require letter from every layeri.e. from A and B company ?
Please let me know about it. thanks in advance.
Meet
more...
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sircaustic
07-20 12:43 AM
good to hear that it worked out ok in your case!
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
Well.I did not have to request for confirmation. My attorney received the letter the next day after I received the automated email. The online status for my case still shows as "Denial Notice Sent".:(
One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]
Well.I did not have to request for confirmation. My attorney received the letter the next day after I received the automated email. The online status for my case still shows as "Denial Notice Sent".:(
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vnsriv
10-08 04:09 PM
We gave for fingerprints 5 days back but our LUD on I-485 is not yet updated. Is this common?
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
Be patient. That's OK. One more thing, do you have a login on USCIS site and a portofolio of your cases. If you login and see your portofilio, you may see a LUD on I-485. But when you expand the message, there won't be any update.
I-485 receipts from NSC.
Most of my friends LUD is updated within 2 days of giving finger prints.
Please post your experiences.
Be patient. That's OK. One more thing, do you have a login on USCIS site and a portofolio of your cases. If you login and see your portofilio, you may see a LUD on I-485. But when you expand the message, there won't be any update.
more...
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enthu999
07-17 12:50 PM
your comments are very helpful.
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Wendyzhu77
09-29 07:17 PM
I don't think you need to worry about the number on w2. Wages on W2 do NOT necessarily represent your actual wage. Lots of pre-tax deductions can be deducted from the W2 number, which means your W2 wage can be significantly much less than your actual wage. Your pay-stub will be a better evidence for your wage.
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
more...
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lost
07-09 01:12 PM
its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!
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reddog
03-09 11:22 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
Right now she is on H1 as well as AOS.
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
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vin13
03-09 12:15 PM
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
InTheMoment
09-23 12:53 PM
Yes... but it also means that your app is out of the storage area into the staging queue, which means an advancement !
USCIS needs to provide a legend/work-flow chart of what they put in their SR's and where that stands in the overall flow.
I got an SR response back saying that my application is "waiting to be assigned to an officer"...whatever that means...isnt every application so? I think SRs are just as useless as any other 'customer service' provided by USCIS...
USCIS needs to provide a legend/work-flow chart of what they put in their SR's and where that stands in the overall flow.
I got an SR response back saying that my application is "waiting to be assigned to an officer"...whatever that means...isnt every application so? I think SRs are just as useless as any other 'customer service' provided by USCIS...
GCInThisLife
07-18 01:40 PM
Your EB2 PD is more than 2 years from EB3 PD. So, it may not make as much difference at the end considering the volume of PERM filings after March 05. So do what you think might be safer as dates may severely retrogressed in future and even cut-off date moment till 2005 wouldn't be any time soon and you wouldn't want to get I485 rejected due to problems in I140.
Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
