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I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

thanks.

I mentioned the following:
"Need to visit family in home country from time to time given the long adjudication process for I-485"

For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).

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Every guy thinks that his/her problem is always the biggest bottleneck

Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

It will not solve retrogression which is a bigger problem, but requires congressional action for number increases

we never had any issues when e-filing EAD or AP for me and my wife. I think its pretty straight forward and less hassle.

Good luck

Hi kak1978,

what's the process for getting the "Account verification letter for Immigration purposes" from BOA?

Thanks!

I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.

I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards

How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??

Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.


This is just example to explain how it works.


Thanks samrat_bhargava_vihari
for this nice example to clear the things

AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

Hope this helps!

Hi guys,

I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

I am still working on H1 and she is a parolee.

Thanks in advance fopr the responses.

Probably 1929 depression and current times are not similar. So BTW were those 400K maxicans holding any type of Visa ? Currently as far I know all the 65K H1b Patitions were approved, I do not know for what reason ? If situation was that bad may be only 10,000 k could have been approved and limit could be dropped to 15k for say a period of next 5 years. I am pretty sure that is not going to happen. The Anti H1 wave was probably started by Nobel Laureate Obama when he pointed to Bangalore and then Lou Dobbs and then Senator Grassley and so on. Now if you look at job boards it is clearly mentioned by many job postings "Please no H1Bs".

Lets not forget that H1B had been misused by many desi firms as well.

Thank you very much .

I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason

my labor is filed EB3 Skilled worker

he mentioned with in EB3 there are 2 categories Skilled and professional

for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.

but for eb3 skilled employer has complete discretion of defining edu requirements.

mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.

h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled

his plan of action is to send them evaluations from multiple academies as you guys have mentioned.

and it looks very fishy from the denial letter

denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.

and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.

I can paste exact content of denial by tomorrow.

First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?

I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.

yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..

Not sure if I can make it in person, but I will contribute $100. This is on top of my monthly contribution.

Please participate

My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.

Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER

Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message

i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.

Why would IRS care how you perform your full time job. IRS's responsibilty is to collect taxes on our earnings, and it doesnt matter you trade 100 or 1000 stocks per day as long as you file schedule D.

Short term trading is gambling, you wont come out of the game until you lose. Long term is the way to make money.

Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"

As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.

Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.

In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:

Excellent Job, Mark.
U'r response was crisp. Thanks to caller Andy for clarifying few things

Vik352,

I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?

In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.

But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.

Anyone in similar situation?

Thanks.




My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

Thanks!

Please email me (kakkar_pankaj@hotmail.com) and I'll try to get us co-ordinated.