Mentol Blog's

Hi All,

My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

I have an approved H1b till early 2009 and plan to use same for my travel.

Any pointers on this one?

Thanks

From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

Hello Folks,
I have a very urgent situation and would really appreciate your help.

Background :-
H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.

But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.

Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.

I have to leave for India on Saturday for my wedding next weekend.

My possible scenarios :-

1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?

2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?

3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.

Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?

Thanks, and keep up all the good work.

Thanks RANKSXY..You Made my DAY.

I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.

I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?

After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.

This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.

Please advice.

This is the link to USCIS - FBI joint initiative where they plan to clear all the backlog by June 2009 to acceptable limits: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf

This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.

Yep - she has an MBA from here. So there are no requirements for how long passport needs to be valid for at the time of H1 application? I searched for any rules regarding this on their website but came up empty.

^^^^^^

Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).

But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)

Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.

I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.

So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...

At the end of the day, it boils down to you. Who do you want to trust?

Does anyone know why NSC is slow in the I140 processing that TSC? My I140 date is October 25'06 and I think I would have to get that converted into Premimum Processing if I dont get approval in next 2 months. I aksed my attorney but she has no clue about the realistic processing times.

Good Luck to all.

Shukla

Friends,

Company A sponsored my GC (PERM & 140 Approved) and soon after 180 day wait period had passed, I moved to company B and started working on EAD.
Now, company B is going to be merged with Company C. Then what will be my status? Do I need to do any thing to keep my GC process alive?

Thanks!

Thanks for everyone who replied.

What about 485 filing date? Will it be cosidered July 2nd, 2007 or whatever future date I will "interfile"?

Any experience holder?

Thanks,

I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

Please share your experiences.

Thanks

I sent you a private message with my ph number.

This is from the immigrationportal. To report fraud/abuse/Government-contractor waste, use link http://judiciary.house.gov/reportfraud.aspx

I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.

Please flood Congress with your concerns and expose Exceed Corporation.

If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)

Confirm with the co lawyer also.


Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.


Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?

Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?

Thanks everyone.

Many people asked me how I managed SR because the POJ has changed. Unfortunately, I myself don't know as I was trying desperately for various options. I did follow this generic template I had found while searching the forum, but I'm sure this didn't work right of the bat:

1-800-375-5283
press 1 for english
then 2
then 1 than 1
then 3

NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.

But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.

Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.

The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.

Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..

Is this your wife's first 485 application? Any past I485 Applications? It may possible that your wife has old A# number from 2003.

We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?

My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?

This is my openion.

Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.

You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.

I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.

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