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Friday, July 1, 2011

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  • maheshf
    10-05 10:02 PM
    I just wanted to post my recent AP experience through Chicago Airport. I travelled with my wife to France and used AP to reenter. Overall process was smooth. At the counter officer asked for all 3 AP documents, but I was carrying only two with me. Officer said I need to carry all three . Then they asked me to go to different office. They took out AP ( 2 originals) , 485 notice and Passport. That�s all. It took 15 minutes. They kept one original AP and gave second AP document with stamp. I asked what if I need to travel again..i have just one more extra AP document left? They suggested that I request more documents because they need at least two originals for each entry.


    Did any one have same experience? How many documents they really need ? Has anyone asked USCIS for extra copies? How much does that cost ?

    I may have to travel couple of time for business.

    Please recommend

    Thanks





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  • heathere3
    11-19 03:33 PM
    I can't say which is right, but I can share my information (so far). My EAD was supposedly sent Sept. 5th. On Oct. 4th when I had not received it, I called USCIS and spoke to CSR, who put in a request for a resend of the card. I still have not received it, so after 45 days (the requested wait this time) I called again today. I have another service request number now and am told to wait another 45 days... At least the CSR admited she didn't think anything was done after I called in October! I wonder how many "45 days" they want me to wait!





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  • Alcanor
    July 1st, 2004, 06:08 AM
    Thanks for your comments :) I hope that this will be the beginning of a good friendship :P ;)





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  • Blog Feeds
    05-24 06:00 PM
    On May 18, 2009, the Texas Senate passed a bill requiring Sheriffs or any other officers in charge of a correctional facility, to determine the “citizenship status” of all convicted felons. The bill, S.B 2584, amends Chapter 2, Code of Criminal Procedure, by adding Article 2.245. If a defendant has been convicted of a felony under Title 5 (Offenses Against the Person), Penal Code, Title 6 (Offenses Against the Family), Penal Code, Title 7 (Offenses Against Property), Penal Code, Chapter 43 (Public Indecency), Title 9 (Offenses Against Public Order and Decency), Penal Code, Chapter 45 (Weapons), Title 10 (Offenses Against Public Health, Safety, and Morals), Penal Code, and Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, the sheriff or officer will make a reasonable effort to determine the defendant’s “citizenship status”. If the sheriff has reason to believe the defendant is a foreign national, within 48 hours after the defendant is received at the correctional facility, the sheriff or officer will contact the Department of Homeland Security (DHS) to verify the defendant’s immigration status. The bill becomes effective September 1, 2009.

    The bill places “sheriffs or other officers in charge of a correctional facility” in the role of immigration agents. The sheriff or officer now has another duty, to determine whether defendants have lawful status. The bill is available at Texas Legislature Online (http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=81R&Bill=SB2584).



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/JWqdww_CAIU/)



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  • 90210
    05-03 10:17 PM
    Anyone???





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  • bigboy007
    06-23 04:35 PM
    Yep lawyer himself told thats not ideal i checked with another attorney he said that should be fine and INS understands it. Lets see . thanks for your reply though.



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  • Becks
    03-30 07:55 PM
    You can change the job peacefully using AC21 since your 485 is pending for more than 6months. Your labor position/location etc doesnt mater. Your current employer cannot do anything but you need to get a copy of labor and I140 from him to use AC21. Also your next job should be same or similar to the one in the labor certification. Hope this helps.





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  • shankarsivam
    04-13 05:53 PM
    Hello Attorneys / Experts,

    Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :

    Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140

    Feb'09 : RFE was issued asking information related to Company

    Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport

    Mar'09 : RFE responded with the requested information

    Apr 10, 2009 : USCIS Denied H1B Extension petition.

    I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.

    Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?

    Appreciate your inputs in this area.



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  • pd_recapturing
    11-26 09:58 PM
    Wow ! I am in exactly same situation. I talked to national service center and they said they will talk to only employer or attorney. I told attorney about it and they said, dont worry , there online status system is screwed up so just wait for decision snail mail.
    After seeing your mail, I am susoecting VSC cases are having issues with status search. so I would say that dont worry.





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  • ragz4u
    04-12 02:28 PM
    Let us be very clear, we are MORE THAN WILLING to associate with any org that can be beneficial to us. One of the members of IV had established contact with USINPAC and it has been a very fruitful association

    If anyone can do the same thing with any other org (could be 'Chinese Physicians Association', or 'Russians in America' or 'Canadians in USA' or even 'Americans for High Skilled Immigrants' - please note that I made up all the names, but please get the gist) please take the inititative and let us know how it goes.

    Also note, that even if we associate with an org primarily working for a particular country, all our issues will benefit EVERYONE from every country. It is impossible to press for an amendment like 'Ability to file I485 without regard to visa number for Indian Nationals only'. The US Government doesn't allow that and neither will IV go in that direction.

    The keywords here are 'publicity and exposure'. We really need that to protect our amendments in the Senate and the House Conference

    Thanks



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  • desitechie
    07-23 12:32 PM
    You can take time off -- like 4 weeks without any issue (I have done this), as long as the new company has filed to transfer your H1B petition.

    I guess you should avoid going out of status -- where the old company has revoked your H1B when the new company hasn't even filed the H1B transfer petition. Other than this, taking time off between jobs should not be any problem at all, provided you stay within the country and, no travel outside the US. But if you do, you should consult your lawyer about its implications. Good luck with your new endeavors.
    Sri.

    Thanks





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  • Pasquale
    01-20 05:52 AM
    That's really pretty!!



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  • sriteam
    03-10 01:53 PM
    Not sure why the below news did not get the required focus on IV. Pardon if already posted.


    WSJ Key to Prosperity: Fix Immigration Policies, Says Dallas Fed - Key to Prosperity: Fix Immigration Policies, Says Dallas Fed - Real Time Economics - WSJ (http://blogs.wsj.com/economics/2011/03/10/key-to-prosperity-fix-immigration-policies-says-dallas-fed/)

    U.S. needs immigration boost of high-skilled workers
    Report: U.S. needs immigration boost of high-skilled workers - CNN.com (http://www.cnn.com/2011/US/03/09/texas.fed.immigration/index.html#)





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  • gcmaker
    03-28 07:07 PM
    I used my 485 EAD, which I received when I filed my 485 with my spouse. And now I want my employer to apply H-1B for me. I am wondering if I can apply change of status to H-1B within US or I have to apply H-1B petition, which requires me to get out of US and get the visa at some US consulate or embassy.

    I'd really appreciate any info.

    Thanks a lot.

    I am not sure I understand why would you want to do this? You are on EAD, correct? This already gives you the right to work for any employer; getting an H-1B would be a step back in this regard. Am I missing something?



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  • drirshad
    05-23 09:58 PM
    Is postal address for e-Filed AP & EAD same, I have e-filed the EAD/AP renewal have 2 questions please respond.

    1) The postal address for AP shows same as EAD renewal for e-Filed, is this correct.

    2) The 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.


    Req docs, you will have to send (I-765/EAD)
    1. a copy of of your I-765/EAD E-file receipt,
    2. pending I-485 receipt,
    3. two 2"x2" passport photograph,
    4. copy of your previous EAD, both side
    5. drivers license, both side
    6. passport non-immigrant visa page
    (even if its expired, it will serve as a federal issued photo ID).

    Req docs, you will have to send (I-131/AP)
    1. I-131/AP E-file receipt
    2. Photo Id: License
    3. Passport visa page
    4. 485 receipt copy
    If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.





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  • MA_Labor
    09-10 11:15 AM
    To answer your second question, yes, the employer can revoke your I-140 petition which could result in denial of I-485 application. You are only covered under AC21 if your I-485 has been pending for more than 180 days as the previous poster suggested.



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  • gcmess
    10-24 10:31 AM
    I was in EB2 with 485 pending. I applied in EB1 and had 140 approved. I asked USCIS to approve pending 485 based on EB1 140. My GC was approved but wife's petition, pending at another field office, was denied and the officer said there is nothing like linking pending 485!

    Can we use the pearson memo to justify our case? The memo says both the petition dates should have current priority dates?!? Is that correct? Are there any other memos we can use to make our case? My wife cannot file another 485 as she does not have a non immigrant status.

    Thanks





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  • techiemom76
    01-12 11:19 AM
    http://www.shusterman.com/mar06.html#4


    You can use the remaining period on H1B without being subject to cap





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  • gc28262
    06-16 06:11 PM
    If you have the receipt no for I-140, you can request it by FOIA
    USCIS Freedom of Information Act (FOIA) and Privacy Act (PA) Contact:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7b21d0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD

    (http://www.state.gov/m/a/ips/)





    pmandappa
    10-12 06:59 AM
    I have an approved I-140 with a priority date of April 2008 (EB2). Unfortunately, my husband's employer did not go through with the GC filing process as promised and his H1B runs out next summer. I had heard that there were cases in which an individual could apply for additional extension based on the spouse's approved I140. Is there any truth to that?





    aamirzeeshan
    07-02 12:50 PM
    I-140 is only for the beneficiary, i believe in the form you need to mention your spouse and children names but the reciept notice or approval notice only contains beneficiary name.



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