jsb
01-07 01:03 PM
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.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
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.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
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NKR
11-11 11:24 AM
I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.
Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
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veni001
02-03 02:41 PM
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
One word worth millions, so you are more than welcome to say what ever you want to!
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
Specially from the crappy source you had provided.
One word worth millions, so you are more than welcome to say what ever you want to!
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(
more...
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.
Desertfox
08-14 12:45 PM
I gave you a green..:)
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brb2
03-26 09:11 PM
I guess USCIS will go by the degree first and then look if the field is related. The lawyers in this country are pretty good in converting anything to a high skills job and justify the labor shortage. For a starter an US MS qualified guy can be sponsored for an H1B for optimizing the fuel stocks (read gas station attendant).
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uma001
10-16 12:50 PM
Do everything in premium..It is a matter of extra $1000 for each stage (H1 or I140)
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austingc
07-31 11:26 AM
Hi,
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.
Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.
If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
Sorry to hear about your parents. Hope they are doing ok. It should not be a problem and you can even enter the country on Aug 30, 2010, the day your AP expires. The only question they would ask is 'Are you still working with ABC' (GC sponsership company) and may be some additional questions about your location and the purpose of your trip.
Since this is your second trip you should know by now what documents you need to carry with you. I travelled twice in this year and carried only my I-485 receipt and AP, thats it. When you enter the country with AOS status they don't really care much about other documents but if you want to carry all the above mentioned documents, it does not hurt.
If your 485 is approved while you are outside of the country, you will not face any problem since you have a valid AP. Good luck!
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zCool
04-02 02:24 PM
good luck, keep us posted here of any updates
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jonty_11
07-05 04:25 PM
stop jumping the line....
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gc_kaavaali
11-21 10:01 PM
Happy Thanksgiving to all IV members.
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singhsa3
10-30 09:30 AM
I think as long as they are not screwing us (EB community) in this bill, it is fine with me. As a matter of fact, I think this bill is important from security stand point also.
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
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Lasantha
02-20 01:53 PM
If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
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illusions
07-11 12:39 PM
Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.
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HV000
10-10 07:08 PM
What if USCIS didnt have this nonsense LUD field in their online status, won't you have lived in peace?
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
TRUE! My LUD is also not updated after FP so do not know when they update the LUD. One thing you could do is to contact FBI verifying the status.
Also, FP is valid only for 15 months so there is a good chance for a 2nd FP based on current backlog.
more...
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eImmigJr
07-26 12:55 PM
Lawyer: When we get the receipt notice we will immediately submit the correct marriage certificate, till then be married to other person :)
So I guess from legality point of view its not a major issue. Hopefully none of you guys will have to go through this issue.
Another thing is that receipts for application that reached USCIS on June 28th, are reaching the law office, so hang in there for a week or two for July receipts.
So I guess from legality point of view its not a major issue. Hopefully none of you guys will have to go through this issue.
Another thing is that receipts for application that reached USCIS on June 28th, are reaching the law office, so hang in there for a week or two for July receipts.
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subba
02-11 08:26 PM
The way I see it....You have an I797 approval till 2010. Once you have that, it does not matter on what basis it was received. The I797 approval does not say "Only valid until I140 has not been withdrawn" etc.
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tb2904
03-27 09:13 AM
Nothing wrong with sharing happiness :)
...proves to who?? Would we be just making ourselves happy??
...proves to who?? Would we be just making ourselves happy??
Prashanthi
07-22 05:43 PM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
TheOmbudsman
09-01 11:42 PM
Yeahh.. Huuuuuraaay ! Have a good weekend all.
Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!
Kudos to the core team...and IV!!
-gc_mania_03
Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!
Kudos to the core team...and IV!!
-gc_mania_03
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