amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
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Cheran
09-19 04:41 PM
I work for a Government Agency as a H1 employee, I have my EAD as well but dont use it. I am sure the attorneys made sure that its ok to hire a H1 as an employee. Now I am doing an AC21.
Thanks Guys, So I guess it's a possibility?
Thanks Guys, So I guess it's a possibility?
YesGC_NoGC
09-08 12:25 PM
Hi
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
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leena_k
06-29 01:18 PM
This is so SAD!!!
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ameryki
07-05 11:37 PM
Hi,
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
let your HR know you are switching and they will have you fill in a new form for their files
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
No
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.
Thanks
AjaySri
Hope this info helps.
My 9th year H1 expires this month and I am planning to use EAD to continue in my job (not extending my H1B). Can you please tell:
1) What do I need to do to with respect to Employer and USCIS to move to EAD status from H1B?
let your HR know you are switching and they will have you fill in a new form for their files
2) I read in some forum posts: there is a new law OR amendment - people working on EAD with adjustment of status will be deported.. we need to continue maintaining H1B status..is it legitimate?
No
3) My current Advance Parole is valid till Oct'09. As I move to EAD, is AP renewal required for any other reason other than travel purpose?
EAD and AP are 2 separate things and neither affect each other. They are both based on a pending 485 application and that's about all that is common with those 2 filings.
Thanks
AjaySri
Hope this info helps.
tillu
04-01 10:31 PM
Hi There,
Is it possible??
Company "A" negotiating with a person who does not have paystubs, as he always been on bench.
during this time Company "B" apply for H-1B Transfer(without paystubs as they plan to submit later in a week or so)
Company "A" did the settlement and issues paystubs etc... but same time they apply cancellation of H1.
Can a transfer be done like this???
Please advise as i am dying day and night.............do not make a fun of it.
Is it possible??
Company "A" negotiating with a person who does not have paystubs, as he always been on bench.
during this time Company "B" apply for H-1B Transfer(without paystubs as they plan to submit later in a week or so)
Company "A" did the settlement and issues paystubs etc... but same time they apply cancellation of H1.
Can a transfer be done like this???
Please advise as i am dying day and night.............do not make a fun of it.
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02-16 04:49 AM
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sri1234
01-30 05:30 PM
:(My H1 extension got denied and the attorney filed for MTR.
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
Please somebody give their expert inputs.
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
Please somebody give their expert inputs.
more...
DDash
02-12 12:26 PM
Thanks for the link GC_ASP.
Health insurance is a daunting concern, esp. in times like this. One suggestion is to think about High deductible HSA plan. This plan will work best for People who are healthy and have no health issues, but want to cover for the unexpected emergencies.
For example, I opted for 0/1500 plan through Kaiser Permenante. This plan will allow you to roll over the extra $s into next year and from next year to the next, etc. You will build an account (and I think can invest the money to grow it further). You can use the funds from the account that you built over the years to pay for future expenses. But the catch is, they will pay for your claims only after you spend the first 1500/Yr. Basically, this is an option to control how you want to spend for your medical expense.
Like I said its good for healthy adults. For children this may not work, because they might need more medical care than healthy adults.
Cheers!
Go to www.ehealthinsurance.com ,
Health insurance is a daunting concern, esp. in times like this. One suggestion is to think about High deductible HSA plan. This plan will work best for People who are healthy and have no health issues, but want to cover for the unexpected emergencies.
For example, I opted for 0/1500 plan through Kaiser Permenante. This plan will allow you to roll over the extra $s into next year and from next year to the next, etc. You will build an account (and I think can invest the money to grow it further). You can use the funds from the account that you built over the years to pay for future expenses. But the catch is, they will pay for your claims only after you spend the first 1500/Yr. Basically, this is an option to control how you want to spend for your medical expense.
Like I said its good for healthy adults. For children this may not work, because they might need more medical care than healthy adults.
Cheers!
Go to www.ehealthinsurance.com ,
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saravanaraj.sathya
08-24 08:55 AM
Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
more...
krish420
10-03 10:01 PM
>>i got my L1 stamped at Chennai . can i apply for my would be wife l2 visa at Delhi consulate ??
It would be based on your wife's state of origin. If she is from karnataka, kerala, tamilnadu, then she would have to go to chennai. The states that a consulate supports would be listed on their website.
>> My company is not doing any documentation for my wife L2 . can i do all myself
Yes, you can. Search for 'L2 visa documents' online. The process is similar to B1/B2 ( It was, 2 years ago. Do confirm online).
It would be based on your wife's state of origin. If she is from karnataka, kerala, tamilnadu, then she would have to go to chennai. The states that a consulate supports would be listed on their website.
>> My company is not doing any documentation for my wife L2 . can i do all myself
Yes, you can. Search for 'L2 visa documents' online. The process is similar to B1/B2 ( It was, 2 years ago. Do confirm online).
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milind70
10-02 04:37 PM
Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
Raj,
You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.
more...
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thementor
04-14 11:54 AM
Are you working for your new employer now? (I assume not).
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Pal,
Thanks for your reply!
I'm not working for my new employer.
New employer is consultancy, and currently I'm on project which will go till next year. So no issues with the client.
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Pal,
Thanks for your reply!
I'm not working for my new employer.
New employer is consultancy, and currently I'm on project which will go till next year. So no issues with the client.
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lskreddy
01-13 12:25 AM
I know of a friend who had his grand parents visit him recently and they had no trouble. When asked, I was told they mentioned they wanted to take a trip to see their grandson while they could. All the best.
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Blog Feeds
02-11 08:50 PM
DHS Leadership Journal Has Just Posted the Following:
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In recent days, the Department of Homeland Security has taken a major step toward its priority to create a more open, transparent, efficient, and effective government. As part of President Obama's Open Government Directive, we have now launched the DHS Open Government Initiative (http://www.dhs.gov/open).
The Administration has set four goals for its Open Government effort, calling them the "cornerstone of an open government." The goals DHS will seek are:
improving transparency by providing more information and data about the Department's activities in a timely and accessible manner;
increasing participation by utilizing new tools and strategies to encourage input and feedback from the public;
expanding collaboration with our many partners, both inside and outside government; and
encouraging innovation to find new ways to make the government more open and efficient and save taxpayers money.
The Department of Homeland Security wants your input on our Open Government Plan. How should we increase our transparency to the public? What is the best way to foster a culture of participation? Do you have ideas to help increase collaboration? We want to hear your thoughts and ideas.
The online participation tool (http://openhomelandsecurity.ideascale.com/) will be available until March 19, 2010. You can contribute your own ideas and rate idea others have submitted.
Chris Cummiskey
Chief of Staff, Management DirectoratePublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-6624878341620099862?l=www.dhs.gov%2Fjournal%2Flead ership
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In recent days, the Department of Homeland Security has taken a major step toward its priority to create a more open, transparent, efficient, and effective government. As part of President Obama's Open Government Directive, we have now launched the DHS Open Government Initiative (http://www.dhs.gov/open).
The Administration has set four goals for its Open Government effort, calling them the "cornerstone of an open government." The goals DHS will seek are:
improving transparency by providing more information and data about the Department's activities in a timely and accessible manner;
increasing participation by utilizing new tools and strategies to encourage input and feedback from the public;
expanding collaboration with our many partners, both inside and outside government; and
encouraging innovation to find new ways to make the government more open and efficient and save taxpayers money.
The Department of Homeland Security wants your input on our Open Government Plan. How should we increase our transparency to the public? What is the best way to foster a culture of participation? Do you have ideas to help increase collaboration? We want to hear your thoughts and ideas.
The online participation tool (http://openhomelandsecurity.ideascale.com/) will be available until March 19, 2010. You can contribute your own ideas and rate idea others have submitted.
Chris Cummiskey
Chief of Staff, Management DirectoratePublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-6624878341620099862?l=www.dhs.gov%2Fjournal%2Flead ership
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11-14 08:02 PM
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lazycis
01-18 08:21 AM
It's normal, the priority date is on I-140 approval for EB-AOS.
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unbreakable
06-03 12:18 AM
I got the following email from my friend. Thought I would share it here.
Folks,
As most of you might know, there are a number of Immigration reform bills that are in various stages of their life in the US Congress. There is this 1 particular bill which is really important to people like us - Employment based legal immigrants from India & China: Bill 5882.
Highlights of the bill that are of use to EB applicants:
1) Would recapture unused Visas from past years and roll them over from one fiscal year to another.
2) EB 1, 2, 3 would become current and would remain current for quite a few years
I know some of you might have already got your greencard. But I am sure you know a number of others, many of them your close relatives and friends, who are stuck in this queue for a long time. If not for yourself, please take action for them.
Action needed:
1) Please go to http://www.opencongress.org/bill/110-h5882/show
Register your email address and vote YES for the bill.
How this helps: Online polling is an easy way for senators to gauge the popularity of a bill. If all the EB applicants were to VOTE yes, it
would take the number over 200,000 easily. The most popular bill has around 7000 votes. A bill on opencongress.com having 50,000 votes
is sure to garner a lot of attention.
2) Forward this email to all your friends and relatives who will benefit from this bill.
Only a systematic, organized online campaign would only us all to get LEGAL PERMANENT RESIDENT STATUS in the USA.
Thanks for your time!
Folks,
As most of you might know, there are a number of Immigration reform bills that are in various stages of their life in the US Congress. There is this 1 particular bill which is really important to people like us - Employment based legal immigrants from India & China: Bill 5882.
Highlights of the bill that are of use to EB applicants:
1) Would recapture unused Visas from past years and roll them over from one fiscal year to another.
2) EB 1, 2, 3 would become current and would remain current for quite a few years
I know some of you might have already got your greencard. But I am sure you know a number of others, many of them your close relatives and friends, who are stuck in this queue for a long time. If not for yourself, please take action for them.
Action needed:
1) Please go to http://www.opencongress.org/bill/110-h5882/show
Register your email address and vote YES for the bill.
How this helps: Online polling is an easy way for senators to gauge the popularity of a bill. If all the EB applicants were to VOTE yes, it
would take the number over 200,000 easily. The most popular bill has around 7000 votes. A bill on opencongress.com having 50,000 votes
is sure to garner a lot of attention.
2) Forward this email to all your friends and relatives who will benefit from this bill.
Only a systematic, organized online campaign would only us all to get LEGAL PERMANENT RESIDENT STATUS in the USA.
Thanks for your time!
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sanjay02
12-18 06:45 PM
Hi
Does any one know what this message means? I am pasting it below, I havent opted from consular processing then why would my I-485 go to NBC? I am a July 2007 filer for my I-485
------------------------------------------------------------------------
On December 18, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Does any one know what this message means? I am pasting it below, I havent opted from consular processing then why would my I-485 go to NBC? I am a July 2007 filer for my I-485
------------------------------------------------------------------------
On December 18, 2008, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
ChainReaction
02-19 10:17 AM
Hi,
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
Is there anyone in this situation please help:)
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
Is there anyone in this situation please help:)
Madan Ahluwalia
02-23 02:20 PM
There is no special provisions for people living in Haiti to get a visa to come here sooner. You will need to file the regular route. What is your immigration status? You can sponsor your mother only if you are US citizen.
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