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  • raysaikat
    03-01 03:08 PM
    I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.

    Here is my situation -
    1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
    2. I came back to India for good on 31st August 2008.
    3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.

    So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?

    If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.




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  • rb_248
    01-31 08:28 PM
    don't waste your time predicting.




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  • pappu
    03-10 01:19 PM
    Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
    Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)

    It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.




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  • gcformeornot
    08-10 07:43 AM
    ___________



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  • flyingmonkey456
    06-30 02:46 AM
    i'll pay you 10 bucks to eat it :P




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  • rvr_jcop
    04-29 01:26 PM
    Hello,

    I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?

    From the Oh-law website:

    Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.



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  • aranya
    06-02 05:11 PM
    AFAIK

    One may enjoy only one status (either H4 or H1) at any point of time. So if your wife is on H4 there is no "still valid H1". That said,

    1] The COS from H4 to H1 will not be counted against the annual cap in this case - see Dec 2005 (or 2006) memo.
    2] I am not sure what your trying to ask but COS from H4 to H1 will not be counted against for next year's annual cap.
    3] See Processing Center dates




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  • jamieqak
    November 28th, 2004, 08:56 AM
    I've taken photos here as well and none of mine came out this well. The light is beautiful!



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  • kumar_77
    03-03 09:45 AM
    Hello ,

    My company file my H1B 3 years back , (from F1-H1), now i have to extend my H1B1 , and my company HR is having a doubt about the fees involeved .

    I am sure i have to pay

    190 $ - H1 Fees
    500 $ - DHS fees

    i am not sure if i need to pay 750$ or 1500$ Data collection fees , please suggest .
    I 129 application says " if same company filing for , second extension of stay , this fees need not be payed " please advise

    kumar




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  • sinemkeceli
    01-26 08:39 PM
    can you please let me know what is the meaning of oas ? and do you suggest me to do in order to continue my process in the legal way.

    thank you so much



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  • Deepadandamudi
    01-28 10:21 PM
    Since 7 years I was working on EAD and now I am thinking to convert into H1B , since I am planning to get separated from spouse.(my GC process is dependent on my spouse).

    I was not on H1B before.

    Q1: Once I get my H1B, will my EAD gets revoked or can I maintain both H1B as well as EAD?
    Q2: If I get divorced, will by EAD status becomes invalid from the day1 after divorce?




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  • kirupa
    04-09 11:44 PM
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  • swetha00
    09-12 02:43 PM
    Hi all!
    Thanks a lot for the information...




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  • kartikiran
    06-18 01:01 PM
    I see a lot of members being more passive.

    What we would like to do is, if you an idea we are willing to listen. Before that, we would also like to share in this "Meet & Greet" event what IV has done so far and its accomplishments.

    Lot of members proably look at IV as a forum where just threads are being created to discuss their problems.

    But IV is not a just a web-site. IV has more out-reaching efforts to resolve the problem of backlog of employment-based green cards.

    If you are from Long Island and you feel you would like to do something to resolve this immigration crisis, align yourself in this thread.

    I hope more smaller "meet & greet" is the only way to lead ourselves to the "BIG RALLY" / "BIG INTIATIVE" what everyone wants. Without grassroots effort, a RALLY or any other BIG INITIATIVE is not going to happen.

    We can only look at EADs for two years or Advance Parole cards come in package with the EAD without grassroot efforts. But if you want to bypass all these smaller incentives and look at the end result of getting your green cards, join your state chapters.



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  • bb8185
    07-22 07:00 PM
    My attorney has asked for the I-485 to be printed:

    double sided with Flip to Top option.

    Did anyone else do the same?

    My lawyer did 'flip to top' aswell.




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  • akizdetz
    08-10 07:30 PM
    Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.

    No, it's the first one. I really hope I-140 is approved :-)



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  • Sachin_Stock
    12-17 02:55 PM
    Thanks for your reply. Nah,I didn't because I have read some where that post office doesn't forwarded the mails related to USCIS so I informed the tenants about the mail.

    Who told you that? Is there any official guideline?




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  • pthoko
    07-13 06:49 AM
    Thanks!




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  • bayarea07
    07-23 10:35 AM
    Thanks , but i already using OSCommerce from technical standpoint but i had some operational questions,let me know if you have a ecommerce site.

    If you are looking for a ready-made solution - Volusions and a few other options are out there.
    If you are computer savvy you can also use Drupal and other pre-built solutions and customize using smart cart and payment processing packages.
    Writing everything from scratch may be a waste of time if online retail is your goal.

    HTH




    dohko
    04-07 09:59 AM
    How long will it take to get a green card in this category with a PD in 2008?
    Will it be better to find another Job and go EB2? My H1b started in Oct 2007.




    raysaikat
    04-27 09:08 PM
    Hi All,
    I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.

    I just happen to look at my application, I-539. I found that I checked the following:
    Members of my family are filing this application with me.
    The total number of people (including me) in the application is: 1

    Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?

    If not, please share your thoughts. Do I need to file seperate application for my mother at this point?



    Thank you all,

    Sri

    Each person needs to have his/her own I-94. It is an 1-1 mapping between I-94 and passport.



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  • rajeshraipv
    08-22 04:01 PM
    full study is available at www.nvca.org

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  • vinabath
    10-06 08:24 AM
    Sorry if this is already posted.

    on CNN politics section with title

    "Bush tries to shift focus from war, Foley scandal"

    Homeland security bill signed
    After his remarks, Bush stepped outside on a patio with a view of Camelback Mountain to sign a $34.8 billion bill to fund homeland security. The bill includes $1.2 billion for about 700 miles of fencing along the U.S.-Mexico border, along with vehicle barriers, lighting and infrared cameras to help catch people sneaking across.

    But Bush has been saying for months that the country's immigration problems cannot be solved just by tightening border security. U.S. employers need cheap foreign labor, and immigrants will continue to sneak in to take the jobs, Bush said, so Congress should authorize temporary work permits to match those workers with low-paying jobs that other Americans don't want. He also wanted to give citizenship to millions of illegal immigrants already in the United States.

    But Republicans in Congress took a tougher stance against immigration and have refused to give Bush the more comprehensive legislation he wanted.

    "We'll continue to work with Congress to pass comprehensive immigration reform that secures this border, upholds the laws and honors our nation's proud heritage as a land of immigrants," Bush said just before putting his pen to the bill's paper.




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  • supers789
    09-15 03:04 PM
    In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --




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  • paystubissue
    03-17 09:15 PM
    Hi All,

    Thanks for the reply. Now I got some good idea.I will check with my lawyer too.

    Regards



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  • vactorboy29
    02-13 01:52 PM
    http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.

    Can we get any help from these guyes?




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  • pthooran
    09-02 06:02 AM
    Amit,

    Did you proceed with your planned visa interview? Any issues? I recieved a simliar call yesterday and my interview is for Sept 13. I am also in my 7th year extension but I had an OWI issue 5 years back and had to wait 45 days in Mexcio the last time I went for stamping.

    Please let me know the outcome of your interview so I can prepare accordingly

    Thanks



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  • vrkgali
    02-13 11:36 AM
    Pappu, very good article. I saw this in this month's Kiplinger.

    A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!

    these things are like taking a duck to the pond ... for a Desi..




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  • newyorker123
    10-19 12:20 PM
    Do you know your I-485 receipt number? If yes, then request FOIA to get all the documents attached to your I-485 case number, then they will send you all the documents in your I-485 case file and I-140 document will be there in it. You might also need to enter your A# in FOIA request.


    If you dont know your I-485 receipt number then I am not sure how to send FOIA request.



    --------------------------------------------------------------------------------------------------------
    This is not legal advice and I am not a Lawyer.


    Contributed $200 towards IV advocacy.



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  • ashrock11
    06-14 12:12 AM
    Hi,

    Situation- PD Current and eligible to file 485

    Married but seperated. What should that person mention in the form?

    If he mentions his wife's name on the form, would she get GC as well?

    Does he need to submit any docs for his wife? Currently planning to file for himself only.

    Please advise

    Thanks




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  • eb3retro
    09-24 08:40 AM
    first thing first update your profile.

    Hi Experts,
    On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.

    They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.

    Thanks,
    --Bala



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  • saravanaraj.sathya
    08-17 03:26 PM
    I think this should not be a problem.If you have finished all the courses and ve ur degree certificate then its fine.

    Good luck

    Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.




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  • imconfused
    05-24 04:26 PM
    I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.

    Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?

    thanks,



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  • pcs
    01-25 09:38 PM
    Dear IV Friend & Your better half,

    IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.

    Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.

    Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)

    I would request both of you to spread good word about IV & get us some active members & that will be great.

    We are trying to POWER OF NUMBERS !!!!!!!!!!!

    So cheer up & get active


    Best wishes




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  • k_confused
    10-03 05:17 PM
    Dear All,
    I am leaving for India to get married in November. I haven't got my 485 receipt as yet nor have I got my H1-B transfer approval. I expedited my H1-B to premium processing and expect a reply soon.
    I leave for India in the first week of November. Now what would happen if I get my finger printing appointment and I am in India?? Can i postpone it?

    Thanks



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  • gregspirited
    09-12 01:04 PM
    I had my Labor go through without any issues. I haven't yet applied for 140.
    what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.

    I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?

    Thanks in advance




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  • nashorn
    12-15 12:50 PM
    You need to make it more clear to get help.

    You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.

    You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.



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  • krovvidiusa
    09-03 09:36 AM
    I filed my 485 in EB-2 I, in July 2007. My PD: Nov 2004. I couldn't resist myself from creating an Infopass appt to find out the details of my case. I am in Dallas, TX. Had the appt at 7am this morning and I am pretty happy with the appt. I had a soft LUD on 08/14/09 and was concerned if it was for pre-adjudication. The officer was respectful and answered all my questions. I was asked my priority date, category, country chargeability. He checked the system and told me that the case is pre-adjudicated on 08/14/09 (hence the soft LUD) and a decision has been made. I asked him if he would know the decision and his response was "I cannot officially say that it is in the YES bin, but USCIS does not have to wait for a visa number if it was in the NO bin." I said that I understood it and asked if the namecheck and FBI check were complete. He said, the next step is to approval. I was all smiles.

    I checked for my wifes status and he checked the system to say that her case is in the same status. He also added that, her case was last touched on 08/28/09 (No soft LUD).

    Final stmt, "You case is very close to completion. Give another 30-60 days and you should hear the good news. Our online systems are not all up to date and in sync. You can always make an Infopass appt to get the latest update on your case. This being the end of fiscal year, with new visa numbers in Oct, you are safe to get an approval soon". I thought it couldn't get any better than this (prior to getting the GC...citizenship.....win a lottery.....start a company....and so on and so on).

    My suggestion, if you are current, make an Infopass appt. It is worth it. Atleast, you dont have to check the "Case Status Online" and you inbox every few minutes.

    I almost forgot: When the officer(?) said that "...this being the end of fiscal year and new number coming out, you are good", I immiediately asked him "unless the visa numbers are all over for the year and it retrogresses real back than my PD" and his reponse was "I dont think so...atleast I have not been hearing anything about retrogression for now for EB2-I". I hope thats a relief to most of us EB2-I guys. I hope thats the same for everyone else as well.




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  • SageDad
    03-16 06:50 AM
    Hi to all,
    I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?

    She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:

    International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)




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  • psk79
    05-28 12:12 AM
    Hi,

    Can anyone tell me if its ok to mail my EAD & AP and spouse's EAD & AP renewals to be mailed in the same package to Texas? I can't find any posts regarding this.

    The PO Box address for EAD is different from AP. But i think for non USPS carriers, there is only one address for Texas center (4141 N augustine rd).

    So If I use this address can I mail all the 4 applications in the same package?
    I am not trying to save money but feel that keeping all the apps together might help especially primary and secondary applicants...

    Thanks.




    Becks
    08-03 04:47 PM
    USCIS will consider only your qualifications and experience only at the time of applying for labor against the jobs requirements. You dont have to update USCIS with your latest qualifications.




    Blog Feeds
    11-30 03:21 AM
    People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.

    A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.

    As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.

    Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.

    Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.




    More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)



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  • ajju
    08-23 02:09 PM
    AR-11 is filed manually and mailed. Everyone will use 41 cents stamp.. No way to track it if its really done or not.. Its in your interest only if you've pending applciation where you expect any replies to your address...




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  • newh1user
    01-26 01:36 AM
    :) hi guys

    just wanted to update my case is approved yesterday and dhs is sent the approval notice so its very fast in my case..

    my lawyer filed the case on 17th jan and got approval email 24th jan.. very good.




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  • GotFreedom?
    10-06 07:26 PM
    If the H1-B holder's labor is pending for at least a year then an 1 year extentions are granted. If the H1-B holder has an approved I-140 petition, the extention is granted for 3 years. I'm on my 9th year of H1B.




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  • prem_goel
    05-04 05:50 PM
    If you show proof you are planning to go back to India if he terminates you, then the employer most likely will ask you to book the ticket and will refund the amount after you show him the ticket receipt.



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  • Anders �stberg
    June 17th, 2005, 10:37 AM
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  • ourquestions
    09-21 07:53 PM
    My H-1B petition is currently under processing in Vermont sevice center.

    The receipt status shows it was recieved on May 8th and currently pending.

    The processing dates on the USCIS website show May 31st as the current date.

    Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?



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  • alien2006
    07-14 01:25 PM
    I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

    If the I485 is already filed I don't know if it can be amended.

    I'm no attorney so you need to throughly research this.

    This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.




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  • stemcell
    03-03 10:49 PM
    To all the physician members of this forum....

    Conrad 30 program is up for extension on march 6.
    According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....

    If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
    Hope it passes....any thoughts anyone?



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  • guyfromsg
    09-21 07:39 PM
    Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.

    http://groups.google.com/group/goivgaiv


    Thanks to everyone who attended the rally. Please join the google group for Georgia. We can plan local activities, meetings etc and grow this chapter. There are so many legal immigrants living in GA but our strength was not reflected in the rally.




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  • sw33t
    08-01 06:14 PM
    31 members and counting folks.

    Join now. We have students, professionals, doctors, lawyers, friends and family in this group.

    We have some exciting events including meeting with Senators and businesses to spread the message. If you can talk about your problem, we want you. If you can't, we still want you because all it takes is a flip of a switch to make you talk about your problems.

    Join now and don't be left behind.


    http://groups.yahoo.com/group/texasiv



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  • roseball
    12-27 06:42 PM
    I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.

    It says case is not found ,even tried calling customer service .

    Does it take time to get uploaded online ?
    Did anyone else face this problem

    I am not getting any information from my employer.
    Is there any other way we can find out if USCIS accepted my application.

    could some one please help me in this

    Thanks

    Post from Oh's law firm:

    12/27/2010: USCIS Case Status Site Errors

    Currently, USCIS online case status site is reportedly experiencing some errors. The consumers are experiencing frustration with the incorrect information or outdated information when they check their case status. Apparently, the USCIS has been working on it to fix the problem. Pending that, the customers should keep patience.




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  • fasterthanlight�
    05-08 09:01 PM
    awwww!

    Took the words straight out of my keyboard, only i was going to type more w's than that.



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  • desi3933
    03-18 09:06 AM
    What are the rules for getting a new 3 X 2 year H1.
    Person leaves US while on the 5th year in November 07.
    applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
    However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
    Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?

    You can get -
    1. a year extension to recapture the time spent abroad
    2. New/Extend H-1B for 3 year, but will be subject to cap
    3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
    4. can get new/extension H-1B for 1 year without cap, if I-140 is pending


    ___________________
    Not a legal advice.




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  • zCool
    04-23 12:21 PM
    You will qualify.
    Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
    I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
    Beware!



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  • rhlsur
    05-08 03:54 PM
    Thanks for the info Morchu. I've just been concerned with the recent emails where USCIS seems to be ignoring the successor-in-interest clause. Also, I'll have to contact my attorney to see if re-filing of I-140 is required. It took 1 year for the first one - just frustrating to think how long it will take if the re-filing is required. I guess I don't have to worry about the retrogression for the 485 stage anytime soon!




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  • ineedmymother
    02-23 08:29 AM
    Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you



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  • bfadlia
    05-15 03:48 PM
    Hi Guys,
    I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?

    Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp

    The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
    If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..




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  • 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




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  • kanshul
    02-08 09:39 AM
    At this time there is no certainity.At the rate in which dates are moving in EB2 India (1 month move in a year) your PD will be current after 10 years. You may not even consider coming here then.

    More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.

    Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)

    I do wish you all the best.




    zCool
    04-02 01:00 PM
    Agree ,
    once you are on EAD , you can work for any number of employers..




    idark
    06-23 07:21 AM
    Yes it's a animal from my mind :) And thanks Maqrkk!