insbaby
01-08 05:18 AM
Thanks Sanjay02.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
At the time of filing anything, give what is current.
USCIS knows this issue and thats the reason, they don't keep passport as a parameter in decision making, except a rule that it should be valid for n months while you file an application.
Plus, when you get a renewed passport, in the last page, your old passport number and file number are written in the "comments/notes" column to help officers to refer the old links.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
At the time of filing anything, give what is current.
USCIS knows this issue and thats the reason, they don't keep passport as a parameter in decision making, except a rule that it should be valid for n months while you file an application.
Plus, when you get a renewed passport, in the last page, your old passport number and file number are written in the "comments/notes" column to help officers to refer the old links.
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InTheMoment
08-09 09:29 PM
And how may I ask you came to this conclusion?
Any reference, link would be helpful.
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
Any reference, link would be helpful.
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
EndlessWait
05-01 12:09 PM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
it it was not fraudulent.. that's what my lawyer told me
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nrk
02-02 01:04 PM
Congrats.... :)
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
more...
rainbow0929
08-08 05:08 AM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
aranya
07-01 11:42 AM
Thanks for your replies.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.
I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
more...
jediknight
09-16 02:05 PM
It's time to tell CNN not to give a platform for racists.
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)
Please sign the petition
Take Action (http://www.dropdobbs.com/take-action/)
"Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
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Pagal
07-24 04:57 PM
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
more...
saravanaraj.sathya
11-13 08:04 PM
This is due to the change of address. The receipts which were returned to USCIS will be mailed back to your new address based on ur address from Ar-11 database. Nothing to worry. I had the same status and today I received the receipts which were returned back to them from my previous address.
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
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virat
07-25 11:56 AM
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is�
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:
The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.
more...
mugwump
11-30 12:24 PM
I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...
I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.
Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.
I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.
I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.
Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.
I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.
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joydiptac
08-06 11:58 PM
Article is excellent. Thanks for sharing.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
more...
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vnsriv
11-16 01:27 PM
Nov' 07 Processing times are not posted yet
USCIS is always slow
USCIS is always slow
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rpat1968
09-03 11:42 AM
Still Waiting... Frustrated after seeing so many out of turn approvals for later PD's.
PD : 08 July 04 ND : 08/09/2009
Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).
Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
Hang on there, you will get it, more than likely by EOD today.
PD : 08 July 04 ND : 08/09/2009
Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).
Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
Hang on there, you will get it, more than likely by EOD today.
more...
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abhijitp
01-25 05:07 PM
Dreamworld,
Please submit your vote here:
http://immigrationvoice.org/forum/showthread.php?t=16806
Please submit your vote here:
http://immigrationvoice.org/forum/showthread.php?t=16806
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gcpain
06-25 03:09 PM
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?
I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:
Once again thanks for your advice.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?
I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:
Once again thanks for your advice.
more...
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krithi
02-04 08:11 AM
I am in similar situation but the only difference is I applied for 485 after graduating and currently working on EAD, can I visit India and come back on AP with no isses? and BTW what did ur attorney say exactly? appreciate ur help.
krithi
krithi
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Berkeleybee
02-15 01:34 PM
Just want to say that the public's opinion is already visible in the "public's" choices -- I mean, it is the US public after all that is refusing to study science and engineering! ;-)
If PACE gets through, it'll be the medicine that the public doesn't want to swallow. ;-)
If PACE gets through, it'll be the medicine that the public doesn't want to swallow. ;-)
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haifromsk@yahoo.com
02-08 11:51 PM
GUYS please stop advicing her. Let her consult an attorney. Please do not lead
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
quizzer
04-27 06:01 PM
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
I know CIR as such is going to be discussed in the senate in last 2 weeks of May.
What about CIR in house? Will it follow after senate?
fundo14
02-19 12:36 PM
Hi All,
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
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