indianabacklog
03-22 11:22 PM
Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
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LostInGCProcess
09-02 10:53 AM
^^bump^^
veda
07-29 02:44 PM
Is it right?I am working on EAD, if it doesnt come in time any ideas about the FAX # which you need to send your request? I have already opened an expedite request for my EAD by calling USCIS customer service, I just need the fax # and the cover letter format. I heard that even if you take an info pass appointment, they dont issue an interim EAD , is that correct?
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rollercoaster
03-24 01:04 PM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
more...
Ahjeet
12-04 09:16 PM
Thank you for response.
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
I checked with attorney and I believe that is true, PP for H1b is not carried over on RFE reply. Response to RFE will go in a regular queue for evaluation. But, I hope this is not the case.
Yes, I read in forums RFE's and 221g both have become more regular these days.
I'll let the forum know outcome of this case. Thank you for visiting this thread!
drirshad
04-07 12:31 PM
April 10th is National Day of Action for Immigrant Justice
Check your local city details below to participate.
http://www.cccaction.org/cccaction/april_10_local_events.html
Check your local city details below to participate.
http://www.cccaction.org/cccaction/april_10_local_events.html
more...
psk79
05-28 12:27 AM
My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...
thanks.
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vinabath
07-23 03:23 PM
No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
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nomi
04-18 09:02 PM
Please select any of one from following options that fits your situation
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phillyag
07-17 10:41 PM
I am going to be filing amendment to my previsously filed app. to add my wife.
My lawyer said I can do that.
My lawyer said I can do that.
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Green.Tech
07-18 03:38 PM
Premium processing for 140 has been suspended until July 31, 2007.
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Krilnon
10-27 08:28 PM
Isn't this bigger than the template image?
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vallabhu
08-26 02:11 PM
Bump
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suavesandeep
12-12 10:12 AM
My wife renewed her license showing 485 receipt as the evidence. I think the PA DMV Manual says that if your AOS application is in progress , You can renew your license for 1 year. We did not need to show the EAD.
Check Section for parolees http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
Check Section for parolees http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf
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Jeff Wheeler
04-09 08:04 PM
Great job both of you, and glad I could offer inspiration. :D
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kondur_007
07-12 03:51 PM
Great news for EB2 India.
As expected, this will clear out early 2006 cases.
Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.
Good Luck to every one....:)
As expected, this will clear out early 2006 cases.
Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.
Good Luck to every one....:)
more...
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lelica32
07-30 03:20 AM
If she overstay, her Visa will be canceled. She must apply for a new Visa. I overstayed 4 month, no ban, just my Visa was canceled.
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seekinggc
06-19 02:35 PM
Please reply...I would really appreciate your response guys...
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deardar
04-20 11:19 AM
I entered into my 7th year few months ago and I have an approved I-140 and also 3 year extension.
I dont have any documents of my approved labour or I-140 and I dont expect to get it from my employer either.
Q1) In case I change my employer and go for stamping, will he ask me for any of the above documents as approved I-140 or Labour?
q2) In case I happen to start my GC process again( assuming in yr 2007 in EB3), will how long will it take ( approx) for my PD to become current ?
I dont have any documents of my approved labour or I-140 and I dont expect to get it from my employer either.
Q1) In case I change my employer and go for stamping, will he ask me for any of the above documents as approved I-140 or Labour?
q2) In case I happen to start my GC process again( assuming in yr 2007 in EB3), will how long will it take ( approx) for my PD to become current ?
rameshraju11
10-30 01:13 AM
This GDP growth because of the gov simulation: cash for cars, first time home buyer credit etc. we should not expect any steady recovery till 2011. I do not think employment creation will be happened on 2010.
anilsal
01-29 01:04 PM
Thank you for the response.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
USCIS interpretation is not always in line with the advice we get. I would still try to do thorough research before the huge leap.
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