psnycgirl
03-08 03:43 PM
Both my husband and I have been using our AP for traveling for the last few years and he uses his EAD for his job. So trying to say that we don't use our H visas but his employers renew them anyway when its time to renew.
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
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Jerrome
05-22 12:02 PM
Are people getting soft lud on 485 recently?.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
nviren
05-24 08:06 PM
Guys,
Please give me your inputs.
Thanks,
Please give me your inputs.
Thanks,
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10-05 09:40 AM
What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...
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ddd27
10-26 10:14 AM
Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
muraliy
09-15 05:09 PM
Thanks for your replies. I suspected as much. I wanted to make sure before I start the process of gathering the recommendation letters all over again.
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axp817
01-17 06:09 PM
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
I too would like to know why.
I too would like to know why.
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yabadaba
03-25 02:45 PM
hey guys they are also asking for itenary details. so does that mean i need to book my ticket before that? can i not get my visa and then book my tix?
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dilbert_cal
02-09 02:04 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.
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raysaikat
05-21 12:02 AM
I am on my 2nd phase of H1B visa which is valid until 2012.
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
I want to quit my job and go back to my home country.
How long after I quit my job do I get to stay here to wrap up and ship my stuff??
Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?
If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?
Thank you!
You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).
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08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
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04-17 07:11 PM
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ealier posted by djn
ealier posted by djn
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delta3110
02-02 11:23 PM
I am in H1 status and my wife is in H4 status. She received credit for an amount for which she received an 1042-S form. Also received a 1098-T form which shows the credit amount. Where do I show the amount in the 1040 or 1040 EZ ?
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vegaspd
06-01 06:32 PM
I checked with different attorney and they say that my attorney did not file interfiling letter for my 140. Is that going to effect my application. What is the format for interfiling letter.
Please help
Thanks
Vegaspd
Please help
Thanks
Vegaspd
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alterego
07-06 04:35 PM
I think it means if you sent in your application then you can get a receipt by the date listed.
Atleast thats the interpretation I got from it.
Atleast thats the interpretation I got from it.
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p_kumar
07-19 03:25 PM
How will USCIS process the I-485 petitions?. According to the applicant's labor priority date or I-485 petition receipt date?. pray tell....:confused:
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hmehta
06-07 06:03 PM
Unfortunately, nobody can predict this.
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bazuka6
02-29 02:14 PM
I have done this successfully twice (extended) , but you do have to fill out that column. Its a big risk to give incorrect info, since they will find out with A#.
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srikanth003
02-28 10:47 AM
Thanks for your time and consideration. I was of the same opinion till now. But getting a little flustered lately, since my I-94 end date is 10-Jun-2011. I could not check back with my employer if they would be doing a premium one. Because once I raise any such queries, they might start the process now itself to avoid last minute submissions. Since there would be questions from them on why did I delay till now etc :(
Thats the fix I am in now.
Thats the fix I am in now.
grupak
08-15 11:03 AM
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
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August 7th, 2004, 06:11 AM
I left a comment in your gallery yesterday. Overall I like the picture, but I think it just too over exposured. I enjoyed the entire series.
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