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  • masterji
    10-14 05:40 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.




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  • vin13
    09-30 12:50 PM
    I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC
    There were atleast 7-8 cases from NSC on this board who received RFE's.

    Can you please tell us what the RFE was about....Did you use AC21.

    Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.




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  • Brittanicus
    04-22 08:38 PM
    First and foremost we are a nation of laws, or as we are all anticipated? But years of previous administrations have neglected the illegal immigrant problem, to the detriment of American workers. Ever since the inception of the 1986 Immigration & Reform Act, signed into law by Ronald Reagan, the politicians have pushed for a new AMNESTY. In addition, anytime a new law has been drafted to combat the illegal immigrant occupation of our country, they have behind closed doors killed it or weakened it's enactment. The law of given instant citizenship to babies intentionally born here, is a complete misinterpretation of the 14th amendment, after the civil war that emancipated African slaves.

    It was never meant for (Anchor Babies) to give pregnant illegal alien mothers the right to legal status? The law has been badly mauled because the children can then draw on US education, free medical care, free baby delivery and after care, low income housing and it is a route to many government handouts. The major problem now facing the Obama White House is are the children of illegal immigrants to blame for their parents breaking the law? Obviously the left-wingers are to blame for this conundrum, but both parties have added to neglect to the sovereign laws of our nation. I think we should follow other countries "Rule of Law" and cement in place that children who have proven themselves can go to a place of higher learning. We desperately need a wide scope of professionals in Engineering, Science and 21st Century technology. But also remember that our government settles the largest population of new immigrants on Earth. What we don't need is more poorly educated, non-English speaking, impoverished aliens, looking for handouts. Like other developed nations we must be very specific, who we pick and choose as new citizens. We must also restrain ourselves from chain migration, who are liable to become a public charges, because the family sponsors have decided the US taxpayer should carry the financial weight?

    We can thank our corrupt liberal politicians, judges in the past as drafting a passive law, instead of entering America being a criminal offense. Now we have uncountable number of illegal aliens squatting here, because of the absolute intentional neglect of our lawmakers. Is there any other country in the world, that makes illegally crossing into their sovereign territory a Civil Crime--I really don't think so? Our laws deliberately drafted this way in favor of the open border, big Catholic church and special interest groups. To HXXX with the American people, who are forced to fight for their jobs?

    But if American defeat the next Amnesty ready to pounce on the unsuspecting legal population, we must make an example in using the 1986 law. We as a people must build-on the E-Verify application, upgrade, modify to extract illegal job applicants from the workplace. Illegal immigrants who have overstayed visas, illegal crossed the border and children must be exempt from any pardon. All children of illegal parents that have committed crimes, been expelled or just deserted school should leave with parents in the usage of self-deportation. This is a compliance way to remove foreign nationals and any criminal businesses that employ them, must receive mandatory, fines, asset confiscation and prison terms. The use of a in-perpetuity E-Verify will be a ultimate deterrent and see movement of illegal labor and families packing and leaving under the term of "ATTRITION" We must force our reluctant politicians to be governed by--THE PEOPLE'S--WILL or face the dire consequences in the election process. This will surely happen when Sen. Reid, Speaker Pelosi and 48 other Senate lawmakers come up for re-election. They underfunded E-Verify, that obviously is working efficiently for them to kill it. Today I have heard Homeland Security Chief Janet Napolitano is approaching State governors to appeal the Real ID Act, that would add national standards for state-issued driver licenses and non-driver identification cards, Revising and tightening the laws on application for asylum and deportation of aliens for terrorist activity. That wouldWaiver laws that interfere with construction of physical barriers at the borders, to name a few statutes. So that means since the new Presidency, the Democratic run Congress are trying to revoke E-Verify and the Real ID act. My guess, is under this regime they will be rescinding the Federal program for State and local police called 247(g) that trains officers to arrest and detain illegal alien criminals.

    The open border, free traders, special interest groups will use any contradictions, epithets, racial slurs to annul any new law--which they have done successfully up to now. But American should realize strongly, that this has nothing to do with a persons color, religion or ethnic background--and EVERYTHING--to do with being--CARTE BLANCHE--for parasite employers, who pay nothing to illegal immigrant upkeep? It's left to Taxpayers? Its everything to do with billions of dollars spent, to pacify the big Catholic church, a portion of Liberal voters and others who see nothing wrong in loading citizens, residents down with sky high taxes. Supposedly the last White House promised no thoughts of a Path to Citizenship until the border was orderly and closed to undesirable With another drafted and secret Amnesty on the House and Senate table, like always--this is not the case. Drug smuggling and incessant illegal immigration is still very prevalent. The rumors from the new White House are clearly signaling another push for AMNESTY?

    So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.




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  • gcnirvana
    05-12 01:42 PM
    Thanks for your template but also please include IV's name wherever possible so that they can contact IV for a full coverage.

    I Used their tool but sent the folllowing message

    Greetings. My name is XXXXXXXXXXXXX. I

    am a citizen of India and have been living in the United States for close
    to 7 years on a H1b visa and work as a Senior Software Consultant catering

    to various Ammerican clients and my employer is located in Irving, Texas.

    My Green Card petition was filed by my employer under the EB2 category and
    my I 140 petition has been approved, but I am unable to file for i485
    (Adjustment of Status) because visa numbers are not available. My wife is
    also on a H1b visa and is a first year resident physician at a Community
    Hospital in Brooklyn, New York on a H1b visa.
    Based on the fact that we have been law abiding tax paying legal
    immigrants, we would like to reach out to you and let you know our issues.
    Our main issue is career stagnation. Unavilability of visa number
    (retrogression) locks us up with the same employer for years together and
    does not allow us to grow careerwise and unable to make critical and life
    decisions.
    We duly understand that there is a 7% per country upper limit when
    Visa numbers are allocated and the fact that India and China has been over
    subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
    Bill have provisions to raise the cap and we would like to support these
    bills and the provisions.
    High tech and health care are sectors where highly skilled immigrants
    from all over the world are attracted to and want to contribute in the
    best ways we can to pursue our American dream. We would like to contribute
    to the growth and development of America in the best possible way. Please
    support us and help us in our cause.

    Sincerely,


    XXXXXXXXXXX
    718XXXXXXXX



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  • raj2007
    02-18 10:32 PM
    Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.

    In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.

    In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.

    For this reason, I advised you to wait until the PD for your category become current again.


    I see no harm to take infopass and explain your situation in person.




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  • ash27
    04-02 10:20 PM
    It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

    My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.



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  • MetteBB
    06-06 02:53 PM
    Awesome 3 of my 36 stamps got in :P
    But seriously, i wish you put in my pink nebula one! oh well! :)

    3 out of 44 is not bad, so no complaining ;)


    /mette




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  • immi_enthu
    09-27 04:04 PM
    His Response:
    Yes, it happens. However, they two will be combined eventually.

    ----- Original Message -----
    Sent: Monday, September 17, 2007 12:40 PM
    Subject: Different Alien Registration Numbers on approved I 140 and 485
    receipt notice

    My question:
    >
    > I have two different Alien Registration Numbers in my I 140 and 485
    > receipt notice. Do I need to worry about it ?
    >
    > Thanks-


    Very vague response. When I asked if there will be any delay due to this, no response so far.



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  • samswas
    09-28 03:43 PM
    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?




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  • GC20??
    08-12 03:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit



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  • mrajatish
    09-17 04:19 PM
    Given the current retrogression and the fact that you are from India, I would think 100 times before immigrating to US. I know this advice will be useless because you will probably think that "hey, look at this guy currently in the immigration queue and waiting for his GC, but advising my brother to do the opposite" - well, I have been in this rigmarole for too long to say that, if you have good opportunities elsewhere, think about them. If I knew about the problems of getting GC in US, I would definitely planned things a bit differently, just my 2 cents.




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  • trueguy
    12-11 12:00 AM
    EB1 EB2 EB3
    India 5,327 14,819 3,576
    China 5,605 6,965 1,985
    All 36,593 70,138 42,848

    Total grobal EB (1 to 5) visa issued 163,037


    Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.



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  • rbashir
    06-11 09:12 PM
    Guys
    I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
    Please Please advice me on this matter.

    Thanks




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  • noone2day78
    02-10 04:32 PM
    Hi all,

    I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.

    Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?

    Please advice..I need to make a decision this weekend!!

    Thanks
    San



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  • makemygc
    01-07 06:59 PM
    I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.

    Thx
    MakeMyGC

    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?




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  • gc_chahiye
    12-10 11:35 AM
    Hi All,

    Just posting my experience of traveling on AP as a reference for others:

    I traveled to Japan on a business visit with all 3 copies of my AP , and on return stood in the normal visitor line. When I came up to the officer, he said I should go to the "new immigrants" line, since only those officers have the necessary parole stamps.

    In the other line, the officer said it was good that I brought all three copies, since they stamp all three, keep one original for themselves and return two back. The next time I travel, they will stamp the two I have, keep one and return one to me. After that, they will stamp the one original I have left, and make copies for themselves.

    The officer did not ask any special questions, except which city I stay in, the rest of it was just chit-chat.

    Simple process, no hassles.

    Enjoy!

    thanks for sharing the experience. One more question: which port-of-entry was this at? Interesting that it all completed at the main counter, many people ended up in secondary inspection when they used the AP.



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  • Winner
    05-21 12:31 PM
    Good post
    Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?

    I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.

    But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.




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  • ganguteli
    04-08 06:21 PM
    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.

    As if your ID has any value?

    Who cares about annonymous IDs anyways. :D:D:D

    I am happy you did not get any reply. You thought you are some Senator or VIP...
    Go show off your ego to your CEO and lawyer. You will get the treatment that will put you on ground level.




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  • whiteStallion
    02-03 04:37 PM
    Congratulations on being greened !




    boreal
    09-23 12:07 PM
    Hi boreal,
    I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.

    In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.

    Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)




    Berkeleybee
    05-17 01:08 PM
    All,

    As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.

    I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)

    I will move such posts in to this thread.

    We will do our best to answer these questions. Hang in there, keep heart.

    best,
    Berkeleybee



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