horscorp
02-09 06:56 AM
Thanks a lot. I understand the process better now.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
niklshah
04-04 11:24 PM
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
HI gccovet,
i am planning to apply for extension of my parents visitors visa. Fees is 300 dollars and i have to apply for them in same form. So do i need to pay 300 dollars or 600 dollars. your help will be appreciated.
thanks
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
HI gccovet,
i am planning to apply for extension of my parents visitors visa. Fees is 300 dollars and i have to apply for them in same form. So do i need to pay 300 dollars or 600 dollars. your help will be appreciated.
thanks
gccovet
01-14 09:50 AM
I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
danu2007
07-12 11:25 PM
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
so far only 2037 signatures..needs 5000 or more signatures
Update: The site says the number is 6379..Thanks for all those who signed the petition.If you haven't signed please sign..
http://www.immigrantslist.org/page/petition/Chertoff
so far only 2037 signatures..needs 5000 or more signatures
Update: The site says the number is 6379..Thanks for all those who signed the petition.If you haven't signed please sign..
more...
snathan
08-04 01:09 PM
He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.
NOT True.. they will give and come after you just to deny/revoke it.
NOT True.. they will give and come after you just to deny/revoke it.
akhilmahajan
01-21 12:26 PM
There are 2 different dates: Notice and Receipt Date.
Receipt date is when they got it, which in your case is July 30th. This date is used to count 180 days for your 485 File date.
Notice Date is the date when they entered the information in to their system, which in your case is September 5th. This date is used for processing dates and all.
I hope this helps.
Receipt date is when they got it, which in your case is July 30th. This date is used to count 180 days for your 485 File date.
Notice Date is the date when they entered the information in to their system, which in your case is September 5th. This date is used for processing dates and all.
I hope this helps.
more...
crazymish
03-06 10:54 AM
Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.
That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?
That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?
Jerrome
02-24 01:33 PM
Company B can not apply based on EB1, They have to apply only in EB2 or EB3.
To Join company b you have to use
L1
- not possible.
H1
- October 2009 possibly if you get your visa
- Green card not in EB1
EAD
- Not assure. Depends on Labor, 140 then 485 filing
Last option
- Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.
To Join company b you have to use
L1
- not possible.
H1
- October 2009 possibly if you get your visa
- Green card not in EB1
EAD
- Not assure. Depends on Labor, 140 then 485 filing
Last option
- Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.
more...
dchamero
09-25 12:56 PM
excuse my ignorance.... how do you know a lawyer is blacklisted? where did you go to check for that?
Thanks
Thanks
jinger
04-02 08:44 PM
I am not surprised at logiclife's or the poll's reply. IV is an ultra-narrow organization that seeks to satisfy the founders' self-interest only. Don't be surprised if they drop you all like a hot potato once their interests are satisfied.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
"Immigration Voice" is a misleading name here and a very good cover for raising funds for the founders' self-interest. This talk of making America a better place with their skills does not hold water. They have no concern for other "classes" of immigrants or future immigrants.
more...
hopelessGC
01-21 04:38 PM
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
validIV
03-20 05:25 PM
This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.
more...
coolpal
04-22 05:40 PM
I applied for extension last june for my initial h1b which was expiring Sep 30, 2008... technically speaking, the extension is still pending.... but I applied for h1 transfer in Dec and after answering a couple of RFEs and applying for premium in March, I finally got it approved last week.
The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.
pal :)
The sad part is they approved it without an I-94 (as consular process), as my I-94 was expired when I applied for transfer... the original extension was applied 4 months before I-94 expired, but since it is still pending, they said they can only approve the transfer as consular process. I couldn't get time off from work now, and I really didn't want to rush to india just for stamping, so I decided to stay here and work on EAD. I hope to get it stamped, when I go to india maybe next year.
pal :)
suny_saini
07-22 11:41 PM
plzzz i need more satisfication and help and suggestions........
more...
nrmarrivada9
04-01 09:13 AM
Well, it makes perfect sense to change the status to F1. And as you said that she will be going to dental school ( 2yr International program), i assume that the expenses will be sky high. F1 status would be helpful in securing the student loan ( for the future semesters) if needed.
This is my advise.
1) You don't have to do the transfer urself or neither there is a need for a lawyer
2) The schools International Students Office will guide you on doing the transfer. They would give you the checklist of the documents to be submitted, the website links where u can download the documents, fee to be paid, etc.
3) It is a simple and hassle free process
-Regards
This is my advise.
1) You don't have to do the transfer urself or neither there is a need for a lawyer
2) The schools International Students Office will guide you on doing the transfer. They would give you the checklist of the documents to be submitted, the website links where u can download the documents, fee to be paid, etc.
3) It is a simple and hassle free process
-Regards
mirage
04-20 11:31 AM
Now I have started to feel nothing is going to happen. They all want to show us carrots, but we'll get sticks. I'm feeling down I am writing a very old hindi song sung by ishore Kumar. I feel as if this song was written for for all of us. I'm sorry for writing this here, but I wanted to share this, as I have this CD in my car and whenever I hear it, I feel I need to share with you guys.
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
dard hamara koi naa jaane aapne garaj ke sab hain diwane
Nobody feels our pain, everybody here is selfish
kise aage rona roye des paraya log begane
infront of whom you are crying, it is an alien country and alien people
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
apne liye yeh sab hain mele hum hai hurek mele mein akele
for me all these celeberations are meaningless as I'm alone here
kya payega isme reh ke jo duniya jeevan se kele
what will you get living in this word where people play with lives
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
dard hamara koi naa jaane aapne garaj ke sab hain diwane
Nobody feels our pain, everybody here is selfish
kise aage rona roye des paraya log begane
infront of whom you are crying, it is an alien country and alien people
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
apne liye yeh sab hain mele hum hai hurek mele mein akele
for me all these celeberations are meaningless as I'm alone here
kya payega isme reh ke jo duniya jeevan se kele
what will you get living in this word where people play with lives
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
more...
damialok
05-13 01:52 AM
USCIS will attempt to reconcile multiple 485s and combine them into one app. A lot depends on the A# assigned(should be present on the 485 receipt). If both your receipts show the same Alien number then you should be ok. If not that goes to the 'admin processing' procedure.
Even if your A# is same on both 485s, you should call USCIS and check to see if both the apps have been combined. That way once one of your 485s is approved the other will be given a NOID and you can withdraw the other app.
NOTE: On your one of your 485 appl, you should have marked yes for the question regarding previous/other 485s.
Even if your A# is same on both 485s, you should call USCIS and check to see if both the apps have been combined. That way once one of your 485s is approved the other will be given a NOID and you can withdraw the other app.
NOTE: On your one of your 485 appl, you should have marked yes for the question regarding previous/other 485s.
roseball
07-28 04:36 PM
Hi Friends,
I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.
May be its my wild hope... still..
If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?
Thanks,
Immi_Chant
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.
I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.
May be its my wild hope... still..
If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?
Thanks,
Immi_Chant
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.
gc_nebraska
01-08 12:58 PM
Thanks ! Vin13 for the quick response . This was my big dilemma past 5 years and skipped lot of trips just because I was so nervous to travel . Once again I really appreciate your feed back .
starving_dog
09-01 01:29 PM
shows how sexist I am, I thought she was a he. My apologies to the Berkeleybee. I have since edited my original post.
gcisadawg
09-10 02:11 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
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