thatwillbeit
06-05 10:50 PM
Gurus,
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
When I filed/sent my Paper based I-131 - Advance Parole (AP) form yesterday I forgot to attach the photographs along with it. I just realised it now.
Now what are the options I have. Will USCIS reject my I-131 - Advance Parole (AP) application packet and send it back or would they ask for RFE(Request for Evidence) of photograph.
Or is it OK to send the photographs and mention the Alien A# .
Has any body been through this situation before. I was planning on using AP for travel to INDIA in the few months now I guess I am in serious mess.
Your help is much appreciated.
eb2dec2005
09-26 09:49 AM
I used AP to enter US in June this year.The IO stamp on my I94 and the AP document says 'Paroled unitl Sept 2009'. Should i consider the validity of AP until this date?
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
Can the experts please reply to my question? Thanks,
However on the actual AP documents under the Parole paragraph mentions the following: 'The bearereeparted the United States temporarily and intends to return to the US to resume processing of the adjustment of status application.Presentation of the original of this document prior to Sept 27 2008 allows a Customs and Border Protection Inspector at a port-of-entry to parole the names bearer...........'
Can you please let me know, what is the validity of the AP incase one is already out of country and is planning to return to US?Would the date on I94 be considered?
Can the experts please reply to my question? Thanks,
aristotle
03-09 04:28 AM
She is a derivate on my pending AOS, has a valid EAD/AP. She used to work on H1 and stopped work sometime ago. Does she need to do anything/is she automatically considered to be in AoS status?
Ramba
03-28 10:03 AM
The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
more...
Ram_C
11-21 12:06 PM
Happy Thanksgiving to IV Family.
-Ram
-Ram
milind70
08-02 02:31 PM
I work as a consultant for one of the big 5 firms implementing SAP applications. What is the job code referenced for this job? I want to know the job category it falls under as per the Dictionary of Occupation Title or the O*Net published by DOL. My company did not provide me this information but any help will be greatly appreciated.
Thanks everyone in advance,
Madhavi
Make sure you get the EVL in the same title as in your LC .Whatever is your title is currently not relevant to GC since GC is for future employement not for current employement what you perform.
Thanks everyone in advance,
Madhavi
Make sure you get the EVL in the same title as in your LC .Whatever is your title is currently not relevant to GC since GC is for future employement not for current employement what you perform.
more...
go_gc_way
08-29 03:32 PM
But how will get your final step completed ... which is consular processing.
I was thinking you need your passlips (?) as proof of employment.
Sorry if I am pulling this to the top of discussion forums, this is an interesting question, given there will be many people stuck with retrogression and not being able to apply 485.
I was thinking you need your passlips (?) as proof of employment.
Sorry if I am pulling this to the top of discussion forums, this is an interesting question, given there will be many people stuck with retrogression and not being able to apply 485.
Misha79
04-01 10:05 AM
Hi all
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
more...
maverick_s39
01-13 06:05 PM
hi sathweb
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
shana04
07-23 12:55 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
more...
H1Girl
05-08 02:30 AM
Hi,
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
VivekAhuja
02-04 04:15 PM
Inviting parents to the USA and getting their visa is not dependent on what your immigration status is in the US. As long as you can support them (job/salary) and you are legally present in the USA, you can invite them. Getting the Visa is entirely dependent on the interview. No amount of supporting paper work will help if the interviewer determines (for whatever reason) that they will become public charge in the USA (even health wise) or that they will not leave back to the home country.
more...
fide_champ
02-15 09:19 AM
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?
G
Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?
shana04
01-09 12:00 AM
We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.
There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).
One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.
After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)
To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.
Good luck.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.
There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).
One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.
After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)
To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.
Good luck.
more...
Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
langagadu
05-01 03:06 PM
You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
more...
dxldad
05-18 12:45 PM
I was not aware that EB3 were getting over regular allotment....but porting is the only way i see people getting the GC in a reasonable time-frame if you are stuck in EB3 queue :cool:
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
An analogy would be to compare porting to the HOV traffic lane. If you qualify, do port and you would get to your destination faster. It is perfectly legal too and no one should be complaining about people porting if they qualify for it.
GC_1000Watt
01-05 04:40 PM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
aachoo
03-18 10:06 PM
What happens if your W2 is higher then the prevailing wage? Like $22K higher?
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
chanduv23
08-02 05:55 PM
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Same day passport collection - you gotta be lucky to get it on the same day.
Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.
You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Same day passport collection - you gotta be lucky to get it on the same day.
Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.
You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.