nixstor
03-05 11:52 AM
http://www.regulations.gov/fdmspublic/component/main
Choose USCIS for the agency and click submit. That returns the proposed fee increase which is open for comments. I doubt it makes any difference but nothing to lose leaving a comment on the portal
Alternatives
You may submit comments, identified by DHS Docket No. USCIS- 2006-0044 by one of the following methods:
� Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
� E-mail: OSComments@dhs.gov. Include the docket number in the subject line of the message.
� Facsimile: Federal eRulemaking portal at 866-466-5370.
� Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2006-0044 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
� Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.
Choose USCIS for the agency and click submit. That returns the proposed fee increase which is open for comments. I doubt it makes any difference but nothing to lose leaving a comment on the portal
Alternatives
You may submit comments, identified by DHS Docket No. USCIS- 2006-0044 by one of the following methods:
� Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
� E-mail: OSComments@dhs.gov. Include the docket number in the subject line of the message.
� Facsimile: Federal eRulemaking portal at 866-466-5370.
� Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2006-0044 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
� Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.
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saketkapur
02-07 10:53 AM
link??
raysaikat
10-10 05:58 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
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frostrated
09-10 03:10 PM
I agree.
I have also heard that it can be picked up from a consulate. How does that work?
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
I have also heard that it can be picked up from a consulate. How does that work?
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
more...
dealsnet
07-16 10:42 AM
You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
satyasrd
06-14 08:56 AM
This is something that I have requested so many times now but never get a response except for "another July 2007 will never happen again". I am not sure how thousands like me will ever get any relief if we are not allowed to file I-485 and get EAD. How many more years do we have to wait for that... 5, 10, 15 ?!?! This is absolutely ridiculous.
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
more...
sdrblr
08-27 08:03 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
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makemygc
08-16 09:46 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
This is really funny and serious at the same time. MM/DD and DD/MM is not a problem with the India officers but with the US officers too. I had the similar problem when I went to get my driving license first time and was carrying the passport. Guy at the DMV was suspicious about my birth date since he was reading it incorrectly on my passport. I had my anxious moment that day.
more...
pnjbindia
10-08 03:48 PM
gasat,
No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
No one can predict what the visa bullitin will do in the coming months. My suggestion is that atleast go and get a court marriage done if you can before May2008. It is possible that your PD may become current by May 2008. But no one can say that for sure...
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
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panini
06-11 03:48 PM
If you have not been to Canada or lived in Canada since your landing I would assume that your Canadian PR would have been automatically cancelled because of the 3 years out of 5 years rule.
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
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kshitijnt
07-03 03:27 AM
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Since you have already joined company B, you should reenter, showing company Bs receipt notice, offer later, paystubs and company As approval notice along with I94 and passport.
Since you have already joined company B, you should reenter, showing company Bs receipt notice, offer later, paystubs and company As approval notice along with I94 and passport.
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partha_vus
06-15 10:31 PM
Hi Gurus,
I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?
thanks,
:confused:
I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?
thanks,
:confused:
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txh1b
04-15 10:46 AM
What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.
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green_card_curious
03-07 06:52 PM
No. I am an environmental engineer working in Consulting Industry (5 journal articles; 4 conference proceedings).
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
I am not looking for reasons for denial. I will know it in a few days myself. If you can throw some light on the status of I 485, I would appreeciate it.
Thanks for your time.
more...
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GCard_Dream
06-18 04:42 PM
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
Support CIR only after seeing something for EB non-ROW or atleast legal immigration in general.
We need to oppose CIR till we see such a provision.
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ashkam
11-17 02:53 PM
using AP with H1B will not affect your h1b status in anyway.
Go with what roseball said ..................... 100% true
What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.
Go with what roseball said ..................... 100% true
What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.
more...
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tonyHK12
03-17 08:49 PM
@chanduv23 - Yes it does look like this is needed, for people to realize that, this is the only way they can get their own Green card on time!
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
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webm
09-25 11:10 AM
So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
1)Just say them that you have EAD work permit authorization and can work for any employer/company on W2 basis.
2)You just explain them with its use.Mostly everyone know about EAD is used for..
3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..
HTH,
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
1)Just say them that you have EAD work permit authorization and can work for any employer/company on W2 basis.
2)You just explain them with its use.Mostly everyone know about EAD is used for..
3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..
HTH,
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shana04
01-15 09:26 AM
Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.
I've been in US for 10 years... now i've two things to do
Foremost congrats.
I am happy that at least some of our friends are getting greened.
Good luck on your future!
I've been in US for 10 years... now i've two things to do
Foremost congrats.
I am happy that at least some of our friends are getting greened.
Good luck on your future!
eb3retro
04-01 09:12 AM
Thanks all for your help and great inputs. IV has helped me a lot.
I wish you all the best ...
TKs, GG
Congrats greenguru. enjoy. i am still waiting to see one eb3 485 approval atleast and am yet to see one atleast for the past 2-3 years..even PD back to 2001. i didnt see a single approval in eb3 category for india.
I wish you all the best ...
TKs, GG
Congrats greenguru. enjoy. i am still waiting to see one eb3 485 approval atleast and am yet to see one atleast for the past 2-3 years..even PD back to 2001. i didnt see a single approval in eb3 category for india.
harrydr
03-29 11:06 PM
What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??
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