Mentol Blog's

Hi,

First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.

I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.

I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.

I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?

Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:

a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2

Can anyone let me know their expirence if faced similar situation please.

do not worry..its going to be perfectly alright. i travelled thru jfk using my AP after using ac21 twice. infact i only gave my passport, along with new i94 filled up , with a copy of the AP at the port of entry to the officer. no questions asked. just remain calm and answer any questions asked politely. AP is for this exact purpose which helps you to exit and enter country during this excruciating time of 485 approval waiting. so, you are good to go as long as you have a valid AP, infact I travelled once using AP, when I didnt have a job here. all it matters when you reenter is if you have a valid AP/VISA to enter the country.

On a different note, please update your profile. people value that a lot here..

The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)

hi all,
since it is taking so long for the namechecks to get cleared. what usually happens after we do FP. how is the process initiated.

any response is appreciated

FYI..

My package was delivered on 20th August. USCIS accepted it and got all receipt no. Thanks..

Looking for a Good Attorney in Texas, please - thanks .

I'm surprised that there's no poll on this.

http://www.immigration-law.com/

05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date

The House floor failed to pass this bill and postponed until the undetermined date for final action. :(

This bill was supposed to be less controversial than EB recapture bills?

actually our situation is similar to a bunch of people sitting under a mango tree ..the green mangoes on the tree represent the green card.
those waiting for the mango are standing on a uncertain muddy ground and few will sink in the sand (due to job losses).
we have some robbers (labor substitutions) who climb the tree, steal the mangoes and run away.
the natives (only the anti-immigrants) want to cut down the tree so that no immigrant gets a mango
a majority or us who are waiting patiently are the law abiding ...but we wait for the mango to fall on our head rather than doing something to make the mango fall ..while waiting we fight and discuss silly issues (whether we should buy a house - how to get our maid on visa :)).
some of us while our status was on quick sand - went ahead and built a house thinking that GC would follow
now if only all of us were to come up with an effective plan and shake the tree or throw tons of stones on the tree ..then maybe everyone would get a mango sooner.
------------
I have one such idea (this does not cost much money) ..let us all go and meet realtors / home brokers etc ..show genuine interest in buying a house but after few days tell the realtor that since GC has been delayed ..u are cancelling your interest in home buying.
those who are homeowners already (with more at stake) ..should contact lawmakers that because of gc delays ...your house is at risk.
WARNING ...before attacking this idea ..come up with a better one

Good one. Just be cautious when we start throwing tones of stones, all those that will miss target will be coming towards us standing on the otherside.:)

If you decide to go back to school nothing will happen to your wife's I-485 application. She is eligible to an EAD as long as her I-485 is pending.


Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677

As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?

The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.

Thanks all for the advice.

As far as I know, Your new EB2 labor is completely independent of your approved EB3 petition. While your EB2 is in process or even if it is denied you can still fall back on your EB3 to get your 3 year H1 renewals and avail other benefits of approved petition. This is what the attorney told my employer.

Coming to the question of whether you can use your on the job experience towards EB2, the answer doesn't seem to be consistent. My company's attorney tells us that is possible and there is a 90 % chance of approvals and 10% chance of denials.

At the same time, I have seen different views from members of this forum.

Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.

you won't be in the "similar" occupation...don't know if you can get away with it.

goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.

If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010


My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.

See my point?

Btw this just came out I think yesterday.


Flights from Canada to US are very expensive.The procedure is very simple you can even simply pay the fees some hours before your interview (September 8). Its all good and safe if you have payment receipt with you during interview.

All the best pal....welcome to the club !:rolleyes:

We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.

hi,

My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.

Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.

I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?

I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?

Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.

Since i was without project for a long time, i had to join the new job using EAD.

Please let me know your opinions.

My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?

I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.

why do you say that the audit is for pending applications only?

the news article says that they are auditing all PERM applications filed by Fragomen, which means that pending and approved applications will be audited. The article doesn't mention the timeframe either.

audit is only on pending applications..i dont think it is on certified..

also they may process fugmon cases fase..hope they dont denied any..

what is supervised recruitment

Great replies. Thank you all.

I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?

My two entries (hope I'm not too late!): Clockwork Kirupa (http://www.kirupa.com/forum/showthread.php?t=338568) & Kirupa Hero (http://www.kirupa.com/forum/showthread.php?t=338583)

Thanks :)

I promise ... last bump of the day !! or may be not......:D