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  • ksrk
    01-07 12:44 PM
    I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.

    I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.

    Best would be for you to schedule a infopass and inquire to confirm.

    The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
    The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.

    Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.

    At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.





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  • Uncertain
    04-28 03:53 PM
    Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
    But shouldnt this make EB3 India go faster?
    Then why do we see slow movement in EB3 India?





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  • kriskris
    08-30 11:45 PM
    I strongly discourage the word "Attroney" for everything. Just because of memebers like kriskris these Attroney's are living lavishly. What the heck these Attroneys know that we don't know. Don't we know how to write our names? Don't we know how to fill an application form? Please stop saying "Attroney" for everything. These are not complex things. Please note according to one survey 70% of Americans don't know how to fill Bank application. Attroneys are just making the money out of this situation.

    Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...

    Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attroney".

    Hi H1Girl,
    Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.





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  • gc_on_demand
    04-22 11:12 AM
    Hello Folks

    I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.

    Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?



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  • freddy22
    04-25 02:46 PM
    SURE I WILL GO BACK NO PROBLEM AND TAKE ALL THE MONEY I EARNED WHILE LIVING HERE.......OH BTW I am a AMERICAN CITIZEN...LOL !





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  • pointlesswait
    10-09 01:20 PM
    regular being Perm+140 + 1485...

    can we switch to Consular processing after the 140 stage?

    my attorney says.. as long as the company can provide a letter stating the "job" will be available after the applicant gets his GC.. its possible to switch to CP...even at the III stage of GC processing.

    but then CP can be risky..;-|

    Regular processing being what ? AOS ?



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  • gconmymind
    04-18 04:51 PM
    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.





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  • thesparky007
    04-17 07:48 PM
    there you go! I really like that one! :A+:finally!!
    thanks



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  • helpmeExperts
    02-14 07:35 PM
    i agree with crystal. If you are not yet married, i would advice to get married soon. Once if you plan to jump on EAD, it is not easy to come back to H1. If you apply for h1 extension, you have get it stamped..

    ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current

    please advice





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  • Desiguy786
    04-02 03:35 PM
    Gurus/Attorneys,

    My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

    Any inputs/suggestions are greatly appreciated!!



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  • GCard_Dream
    07-28 04:37 PM
    --

    Make sure that everyone in the family who has a pendng 485 has the travel document (AP); otherwise 485 will be considered abandoned.

    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.

    If you are traveling by road and the trip is < 30 days, just use Automatic visa revalidation and do not surrender I 94 and come back on the old I 94.

    -- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.

    If you are travelling by air or if trip is > 30 days, surrender I 94 and you can enter any way (on H1/H4 or AP does not matter as long as everyone HAS an AP).

    Good Luck with your trip.





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  • factoryman
    06-19 12:57 PM
    Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?


    Here it is:

    Sample Affidavit of Birth for Parents

    AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

    Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

    We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


    Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

    That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

    We married on [date of marriage] in the city of [name of city], [country].

    We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
    a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

    b. [list all of the other children, if applicable].


    [Child's First Name] [Child's Last Name] was born in [name of city], [country].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

    We declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Father's First Name] [Father's Last Name] and signature

    _________________________
    [Mother's First Name] [Mother's Last Name] and signature

    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.




    Sample Affidavit of Birth for Close Relative



    AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

    Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

    I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


    That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

    My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

    That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

    That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

    That I have known the applicant since [month/year].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
    I declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Close Relative's First Name] [Close Relative's Last Name] and signature



    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.





    Here is another version:
    SAMPLE AFFIDAVIT OF BIRTH

    Preliminary Instructions:

    -Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
    -The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
    -You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
    -The Affidavit ought to be certified or notarized.


    AFFIDAVIT OF __________________ (Affiant's Name)


    I, ____________________, a citizen of _____________ and currently
    residing in __________ do hereby
    State that the following is true and accurate to the best of my knowledge:
    1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
    2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
    3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
    4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
    5. ______________________(Beneficiary) was born to _____________________________(Father's
    name) and _____________________ (Mother's name).
    Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
    6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
    6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.

    Dated: ________________________
    __________________________________
    (Affiant's Name)

    Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)

    ______________________________
    Certifying Official/Notary Public



    NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.


    Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

    Thanks.



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  • skynet2500
    10-19 01:00 PM
    Hello,

    My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

    I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

    Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

    Obviously I am worried sick,

    Any help, pointers, suggestions are much appreciated.

    Thanks,

    Few Suggestions..

    Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

    - Contact ombudsman office
    - Contact local senator office.
    - Contact local congressman office

    Good Luck.





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  • pune_guy
    08-20 06:28 PM
    Yes these are the same databases that I have.



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  • gc_check
    02-13 09:41 PM
    Do not rush to decission. If you have good realtion with the current company, you can get assurance they do not revoke I-140 and also have the new employer file for H1 transfer under premium process. This will secure a 3 yr entension. Once this is done, see if the new employer starts GC as promissed or if you PD comes current, you can file for I-485 with your current employer for future job, and join him when the GC is approved or switch to the current employer with EAD after 485. It is workable, but there is a little amount of risk, if the new company messes thing with GC. They have to start on time and also make sure the new company had not layoff's recently, this will further delay the PERM filing. Also the current employermust not revoke your I-140. Only you know you status better than any one posting to forum. Make a good choice which is best for you and as long as you have all things staright forward and things done correctly / legally there should not be any issue. With USCIS, inspte of all, a little amount of luck is also requried. :)





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  • vnsriv
    10-26 03:33 PM
    Come on guys...some one..

    File withdrawal of H1, come on AP and work on EAD. No Issues at all.



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  • thomachan72
    01-12 08:28 AM
    :p
    Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.

    Hi Floridasun, hope your superstition pulls off a miracle!!
    If it does I would strongly adivce you to purchase a lottery ticket :):):)





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  • rajenk
    10-19 11:21 AM
    OP,

    Check my reply in the following thread for your question 4.

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html

    The sections I referred in the Adjudicator's Field manual means

    USCIS revocation for Fraud or misrepresentation in the application.





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  • ramaonline
    03-23 06:11 PM
    Income from websites is usually considered as passive investment (something similar to investing in stocks etc) This is legally allowed on H1B
    You must report all income earned while filing ur taxes

    Please confirm with an immig attorney





    test101
    07-19 02:09 PM
    Yes you can. I'm not from india but i had the original BC and i got ranslated in the US.
    you can find translaters in Yellow pages and ask them if they do translation for immigration.





    bidhanc
    04-19 02:47 PM
    Hi,

    I just got back from Mumbai.
    My Indian passport was issued here in the States.
    My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
    But I am a resident of Bhubaneswar.

    I opted for Mumbai as it was going to be my port of entry.
    Did not get any such warning or mail.
    So not much trouble as far as the stamping was concerned.

    Don't understand why they would try and compel you to move to your own district. This must be a recent thing.

    Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
    Sorry, don't know abt that.

    Bidhan



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