ksrk
01-07 12:44 PM
I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.
I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.
Best would be for you to schedule a infopass and inquire to confirm.
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.
Best would be for you to schedule a infopass and inquire to confirm.
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
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plusme
10-18 03:37 PM
Hi,
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
vvrmurthy
11-21 05:08 PM
Hello tdasara,
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
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Widget
06-23 03:53 PM
Tried to chat but it is not possible to chat now.
A White House chat on Immigration...
with Michael P. Jackson
Deputy Secretary of Homeland Security
Transcript
http://www.whitehouse.gov/ask/20060623.html
A White House chat on Immigration...
with Michael P. Jackson
Deputy Secretary of Homeland Security
Transcript
http://www.whitehouse.gov/ask/20060623.html
more...
martinvisalaw
07-17 11:26 AM
Hi,
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
485Mbe4001
04-13 05:44 PM
Dont worry about it for the moment...just sit back and watch the fun;) ..if both houses decide to take it up then give it a thought...
Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.
Is a BE from India considered an advanced degree. What is the definition of an advanced degree ? GURUS please respond.
more...
amitjoey
01-04 04:05 PM
So we are over 8000 strong. Lets target 10,000 by Jan 15?
Yes sbabunle, thanks for your support. That is a good goal. Please support the "Add a member" thread by posting on that thread and keeping it to the top. Please post your inputs, your posts will motivate other members to keep adding new members and inviting new friends to become a member of IV.
Yes sbabunle, thanks for your support. That is a good goal. Please support the "Add a member" thread by posting on that thread and keeping it to the top. Please post your inputs, your posts will motivate other members to keep adding new members and inviting new friends to become a member of IV.
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sathyaraj
11-14 01:16 PM
My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.
It is better to inform USCIS though just to prevent any possible identity theft.
P.S. I am not a lawyer. This is just my thoughts!
more...
amitga
10-01 12:38 PM
When will newly elected Congress start the new session?
hair to be over 40 with 5 kids.
maddipati1
07-31 06:19 PM
why does it have to be only one option. submit both or even more of other types
more...
eb2waiter
06-20 06:08 PM
There are atleast 100 immigration doctor centers, and you will get an appointment in 1 week. Also they do package deals, so you can go brokeback (mountain) in 3 days.
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go_guy123
11-03 06:05 AM
According to OH Law's website:
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
more...
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GCBy3000
07-26 12:18 PM
Only talk and no action. I thought lots of immigrants and IV members are there in TEXAS. Where are those guys?
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immiusa
09-17 02:52 PM
Any good reason to be used for Visitor visa extension?
I am on H1B. Do I need to send my H1B copy for parents visa extension?
I am on H1B. Do I need to send my H1B copy for parents visa extension?
more...
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bp333
11-26 09:21 AM
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
We submitted the application with checks covering the old fee, also included an additional check to make up the difference for new fee. USCIS has cashed in all the checks (new fee).
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gc_kaavaali
06-03 03:46 PM
please help
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Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
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abhi2001
02-25 10:03 AM
Is Company A Satyam??
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haha..no
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GC_1000Watt
02-01 03:24 PM
How about multiple submissions? :D
Sreeshankar
01-25 08:42 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
kondur_007
09-24 02:38 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
Good decision. Wish you best of luck!:)
Good decision. Wish you best of luck!:)
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