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| Hello, I'm mentos
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My nationality is India
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I last logged in on 08 Dec 2008
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I have been a member since 21 Jan 2008
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| I have added
60 posts in trackitt forums
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I added my last post on 08 Dec 2008
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mentos's Immigration Cases
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| I-140 case:
Approved in 186 days (109 days less than average*) (0 comments) (View approval trend) |
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| User: |
mentos |
Labor Filing Date: |
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| Service Center: |
Texas |
Processing Type: |
regular |
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| Category: |
EB3 |
Filing Type: |
non-concurrent |
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| Application Mailed: |
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USCIS Received Date: |
12 Jan 2007 |
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| USCIS Notice Date: |
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RFE: |
no |
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| RFE Reply Date: |
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I-140 Status: |
approved |
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| Approval Date: |
17 Jul 2007 |
Nationality: |
India |
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| Last Updated: |
04 Feb 2008 |
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| Notes: |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence)
| I-485 case:
Pending for 530 days (159 days more than average*) (0 comments) (View approval trend) |
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| User: |
mentos |
Priority Date: |
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| Service Center: |
Texas |
Category: |
EB3 |
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| Application Mailed: |
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USCIS Received Date: |
28 Jul 2007 |
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| USCIS Notice Date: |
28 Sep 2007 |
Filing Type: |
non-concurrent |
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| I-140 Processing: |
regular |
I-140 Approval Date: |
17 Jul 2007 |
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| Fingerprinting Date 1: |
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Fingerprinting Date 2: |
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| RFE: |
no |
RFE Reply Date: |
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| Name Check Status: |
too early to say |
Name Check Approval/Denial Date: |
N/A |
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| I-485 Status: |
pending |
Approval/Denial Date: |
N/A |
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| Card Ordered Date: |
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Card Received Date: |
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| EAD Applied: |
yes |
AP Applied: |
yes |
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| EAD Approval Date: |
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AP Approval Date: |
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| Nationality: |
India |
Country of Chargeability: |
India |
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| Applicant Type: |
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Last Updated: |
29 Dec 2008 |
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| Notes: |
Soft LUDS on 01/11/2008, 01/13/2008, 01/14/2008, 01/17/2008, 02/03/2008 |
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*This is the average approval time in the last one year for cases with no RFE. (RFE = Request For Evidence) |
Topic: Typing error in Indian passport
hi gc717, just a couple of questions
1. shouldnt your indian passport have your indian address as permanent address on it?
2. (unrelated question) when filling up your passport application form online, did you get an invalid security certificate error in your browser? I can still continue and fill out the form, but thought i'd verify this with someone else.
thanks |
Topic: Should use H1-B or AP
Circuit, You are right, if you h1 extension is only for a year and is based on your GC process (meaning original 6 years completed) then you might as well come back on AP.
If your extension was for a longer period then the h1 would have made sense. no yearly ap renewal hassles etc.
in the end, i would suggest you get all these clarified by your company immigration attorneys and see what they think best |
Topic: H1 to EAD, Please Advise
nimmagada,
your wife is now in Adjustment of Status (AOS). Her EAD is only to allow her to work. In case she is traveling out of country you need an Advance Parole for reentry to the US. |
Topic: Is AP valid for 2 years?
AP validity is one year only. Unlike the case where EAD was changed to 2 years, there was no change to AP. |
Topic: Travel to India Using H4 and Parole
rcalraf,
I assume that the visa's in both the h1 and h4 passports are stamped until Jul 2009
If they are traveling and returning on Jan 2009 then H1 holder can reenter on H1. I am not sure what the dependent would enter on. I would assume it would be AP (since she is using EAD). But on the other hand i guess she should be able to reenter on her still valid H4 and then continue to work on EAD.
For this one i would recommend talking to an experienced immigration attorney or ask other folks with similar experience in this forum. All the best |
Topic: Travel to India Using H4 and Parole
No, there will be no problem in stamping your visa. The H1 allows dual intent - so even though it is for a non-immigrant, the person is allowed to show immigrant intent and pursue an immigrant visa (green card) as well. So no issues.
If it gets rejected you can enter on AP. This is of course assuming the reason for rejection does not affect your 485 as well (causes like arrests, criminal act, fraud etc may affect 485)
However, if you are planning to come back to US and switch to a new employer and use EAD, then yes H1 stamping is of no use.
Not sure if you know this, but you can switch and transfer your H1 (rather than use EAD). This will not affect your GC process. But this depends on the employer as not many US employers are willing to sponsor H1 and get involved in immigration issues. Just FYI. |
Topic: Travel to India Using H4 and Parole
siri007,
you will have to weigh the advantages and disadvantages yourself.
Lets assume you plan to continue with the same employer with whom you have your h1
If you maintain your h1 status, then the only disadvantage is the hassle of h1/h4 stamping at the consulate
The advantages are
1. You do not need to renew AP
2. You do not need to renew EAD
3. In the low likelihood that you have problems with your 485, then you have a backup. If by chance spouse if using EAD, then she can revert back to H4 since you maintain H1.
(1) and (2) can be a great expense, and (1) is a great hassle coordinating your travel with applying for AP, renewal etc
If you come in on your AP, contrary to what rckalraf says, you can continue to work on H1 (but will be considered a parolee). Or you could switch to an EAD if you wish.
However, EADs and AP need to be renewed regularly for working folks, in case of travel you need to renew APs for dependents as well possibly.
All online literature (murthy.com, forums etc) suggest maintaining non-immigrant (H1) status. The only downside is the small cost and the time and effort for visa stamping. You need to weigh these options yourself. If you have a decent length vacation in India and some time, i would recommend stamping (that is what I am planning based on my company attorney recommendation).
At the end, its entirely your decision. |
Topic: Travel to India Using H4 and Parole
rckalraf is right.
just return both the i-94s that you have when you leave the country. When you return to US and use your H1&H4 visas (after getting the stamping done at a consulate) to reenter, the immigration officer will give you a new set of i-94s.
if you reenter on your h1 and are working with the same employer on your h1, then you do not need to use your EAD |
Topic: Reg :- Renew H1B ( or ) let H1B expire and start using EAD&AP
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why we need to maintain H1B which is expensive.
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As pcnayak says in point 1, maintain h1b if company is paying for it |
Topic: Should I continue traveling on AP or get H1B visa??
its up to you. to renter on H1B you obviously need to go to the consulate to get the stamping (assuming your h1 visa has expired)
SO (hassle of consulate visa interview/stamping) VERSUS (hassle of yearly AP renewal and secondary inspection upon reentry)
take your pick :-)
Most people seem to go for the latter, personally i prefer the former |
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