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anilsal
01-20 01:59 PM
everyone is excited about the new look. But not fun to see so many threads on the same. Maybe we can use one thread. :)
It is a free country. You can do as you wish. ;)
It is a free country. You can do as you wish. ;)
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maddipati1
11-20 07:02 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
bobzibub
12-15 06:02 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
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rajeshalex
08-14 02:58 PM
Send the photo to USCIS and also sent the RFE copy to ombudsman
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MrDesi
02-07 06:04 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
Thanks a Lot kshitijnt.
checklaw
07-19 11:30 AM
CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)
Thanks very informative.
Thanks very informative.
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h1techSlave
02-24 07:55 AM
Obama administration is selling out their ideologies to garner support of Republicans.
So what has really changed? Bush/Cheney were selling the country to the Saudis. Obama and gang are selling out to the Republicans. Yeah, some change.
are coming per Oh website.....
http://www.immigration-law.com/Canada.html
So what has really changed? Bush/Cheney were selling the country to the Saudis. Obama and gang are selling out to the Republicans. Yeah, some change.
are coming per Oh website.....
http://www.immigration-law.com/Canada.html
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ghost
07-24 07:52 PM
Murthy is Immigration Attorney: www.murthy.com
IV is Immigration Voice
IV is Immigration Voice
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ajay
08-16 11:23 AM
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
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KKtexas
07-28 11:32 AM
Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?
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seaken75
10-31 08:41 PM
Hi all,
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
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vasa
07-17 05:50 PM
Thanks Thanks Thanks to IV ,And all the dedicated core group members and all those who made it possible..
We should be thanking Zoe Logfrien(sp?) and all the senators who wrote to DHS and any public figure who supported us.
Instead of flowers , how about sending Thank you cards to emilio and Zoe.
We should also thank emilio for recognising his mistake and reversing it .
I hope there are no sarcastic remarks against the agencies from our members.We have to be humble and dignified.
And last but not the least do we now start a campaign to help all those who are stuck in backlog. No guys we dont forget you while we rejoice , I hope the core members come up with a plan to take this up soon..
I suggest that if anyone hears from media about this update make them aware about the plight of those who are stuck in backlog..
We should be thanking Zoe Logfrien(sp?) and all the senators who wrote to DHS and any public figure who supported us.
Instead of flowers , how about sending Thank you cards to emilio and Zoe.
We should also thank emilio for recognising his mistake and reversing it .
I hope there are no sarcastic remarks against the agencies from our members.We have to be humble and dignified.
And last but not the least do we now start a campaign to help all those who are stuck in backlog. No guys we dont forget you while we rejoice , I hope the core members come up with a plan to take this up soon..
I suggest that if anyone hears from media about this update make them aware about the plight of those who are stuck in backlog..
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talduk
March 24th, 2005, 04:04 AM
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
Thanks.
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bkarnik
04-04 10:36 PM
The AOS (485) is based on the I-140 approved for the beneficiary listed in the I-140 and not the labor. Besides, the DOL is not really concerned about EB2 or EB3 category. The DOL asks for the alien information just to verify that the job ad is not tailored to meet the alien's qualifications. EB2, EB3, etc are categories under the INA which become applicable only once the I0140 is filed. In a nutshell, your friend should have consulted another attorney before the I-140 was filed under EB3. It is not possible to change the 485 filing to EB2 based on the labor because the immediately preceding step to filing 485 is the I-140 which governs.
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ragz4u
02-03 01:36 PM
It would be Much easier to know our material and then get an appointment. Say we get an appointment for an earlier date, and we're not ready, it's not going to look very professional. We'll probably have one shot at this, let's do it right.
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
Look up the resource section. We have a brochure and a powerpoint presentation by Sunil Joshi which was even posted on the ILW website. The CA team of ImmigrationVoice have used these to great results
The lobbying firm might provide us valuable inputs on these but at the same time, these are already in very good shape having gone through many rounds of critique by the core members.
Again, this should not stop you from asking for appointments!
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The7zen
03-24 06:00 PM
Since you have created this thread in Ask an attorney, I have say this.....
I am not an attorney...its better to contact a good immigration lawyer to discuss your options.
I am not an attorney...its better to contact a good immigration lawyer to discuss your options.
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chanduv23
09-03 10:13 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
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Honda
05-20 11:52 PM
Haha...so does this mean that no one really knows what OP stands for? :D
OP means 'original poster' in discussion forums.
OP means 'original poster' in discussion forums.
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thomachan72
06-04 08:30 AM
I am no expert but here are a few suggestions.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
Your visa expiry date will correspond to the duration of stay originally requested in your I-129 and stated in the approved Labor C.
However, once you enter the US your attorney will file to extend your visa and your visa will be extended for another 3 years duration from Sept 2010 (when the current one expires). After that 3 year expires you will be eligible for another 2 years + months that remains out of the total 6 years possible.
I dont feel that you have to worry too much. The only problem is you will only have an approval notice after the Sept 2010. Once you leave the US, to reenter you will need to go to any consulate to get the visa stamped.
Welcome to the "immigration maze". When you walk through you will see people stuck, directionless and hopeless. Try to give them a hand. Rarely you will come across people who are "very optimistic" for no obvious reason. Try to get some optimism from them to keep you energized. Best.
deecha
07-16 04:05 PM
I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.
-C.
It was worth a try. Oh well !
-C.
It was worth a try. Oh well !
rajenk
11-18 05:51 PM
Team, My Labor is filed under PERM was Audited and now approved.
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
No body answered the OP. I will try to answer it.
I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.
If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
No body answered the OP. I will try to answer it.
I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.
If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2
