This is an amazing forum, and I would like to thank you all for the useful information.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
I know, it's going to be a long journey, but a start would definitely help.
Thanks, :)
You may have an alternate option without taking the MS...
See the following link: RAMPS International INC. - Immigration Information (http://www.rampscorp.com/immigration.htm)
In the case of H1 it says: "....An accredited United States evaluation company can provide an evaluation whereby three years of progressive work experience are considered equivalent to one year of college education in the event the foreign national has only a three year bachelors degree....".
So, I think it is really worthy to explore whether it is possible to convert 3 years of experience into 1 year equivalent of education.
I do not think, you really need to take an MS to be considered for EB2. Contact Murthy law firm, I think they will definitely be able to handle difficult cases like this.
Or else, you just take a 20 minute appointment with one of their experienced lawyers and they will be able to give you a firm answer. It costs somewhere between $150 and $250 for a 20 mt appointment.
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The only positive thing I can take from this visa bulletin (assuming there is even a modicum of linear thought possible on the movement of dates) is that the 485 traffic for PDs between 2002 July and Jan 2003 is fairly light for EB2 India. After all they stated as much in their footnotes about anticipated movement of PDs. This can be construed as offering some hope for those from EB2 India with priority dates in early 2003 (say up to march). After all anyone in their right mind would not chance CP now with the fluidity of priority dates and the pending BEC deluge of cases, and the hordes of people hunting labour subs. etc. Basically if anyone gets the chance to file 485 they will do it lest the dates retrogress again while they are waiting for the consular interview.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
So those with early 2003 dates can be hopeful now, later than march and I doubt you will be in this fiscal years quota.
Very true about the nurses and PTs. This will definitely lead to a lot of noise and I am quite sure the remaining 50K visas left for recapture for yrs 2002-2004 will also be recaptured soon after the elections. I hope for the SKIL provisions but am less confident about them than I am about the Schedule A workers.
well said my friend
often times, i see that there are people who say India is getting better than US. Wages are going up. H1b is tiring. H4 dependents are not able to work.
but not once is the person posting the message declaring that he is leaving to India. He/She thinks that more "people from india will not come" . It is the person's ulterior motive that people from india should not come to US.
once i am in, let the doors close behind me.
Our attitude is playing one against another. We just need unity among ourselves.
EB1 against EB2. EB2 against EB3. EB3 against Family based etc. But fact of the matter is that our own brother/sister might belong to the same category. What if our parents fall sick. Would we want them to come to america or should we move back to India.
let us all be together in our efforts. If not, at the very least be neutral instead of imposing our thoughts on everyone else except the owner of the thought
often times, i see that there are people who say India is getting better than US. Wages are going up. H1b is tiring. H4 dependents are not able to work.
but not once is the person posting the message declaring that he is leaving to India. He/She thinks that more "people from india will not come" . It is the person's ulterior motive that people from india should not come to US.
once i am in, let the doors close behind me.
Our attitude is playing one against another. We just need unity among ourselves.
EB1 against EB2. EB2 against EB3. EB3 against Family based etc. But fact of the matter is that our own brother/sister might belong to the same category. What if our parents fall sick. Would we want them to come to america or should we move back to India.
let us all be together in our efforts. If not, at the very least be neutral instead of imposing our thoughts on everyone else except the owner of the thought
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It's just bad luck to get that kind of CBP officer. It's upto you to ignore this or escalate it. In my opinion behaviour of CBP officer was wrong.
If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml
This happened in DC's large Dulles Intl airport.
If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml
This happened in DC's large Dulles Intl airport.
This is my thought process (also referred by Ron G):
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
"Law is an ass".
One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.
With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.
Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.
Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)
For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.
I feel like I just wrote a short story.:)
Members, feel free to comment.
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
"Law is an ass".
One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.
With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.
Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.
Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)
For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.
I feel like I just wrote a short story.:)
Members, feel free to comment.
According to June 12 2008 memo from USCIS FAQ :
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?
If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.
PM if you want a pdf copy
cool down brother.. no one is demanding anything from CORE ... we are just discussing different ways to be closer to CORE and do the necessary work to be a part of the inner circle to get updates..
...and you want to jeopardise the hard work just so that you get $25 worth. .... Do not try to satisfy a few nuts who do not know what they are saying.
...and you want to jeopardise the hard work just so that you get $25 worth. .... Do not try to satisfy a few nuts who do not know what they are saying.
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Sorry to hear that your 485 is denied....
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
You do NOT have to apply for another EAD. You're safe to go back to work as soon as you receive your MTR receipt. I am sure most people work even while they're waiting for the MTR to be received by uscis though but shhh. I have never heard of a case where the uscis wanted to make sure the person didn't work while they were waiting for their MTR receipt to be sent out. Can you imagine them doing that to someone after their own officer denied the case in error resulting in an individual having to pay 500 bucks to reopen the case? Slap after slap in the face.
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
You do NOT have to apply for another EAD. You're safe to go back to work as soon as you receive your MTR receipt. I am sure most people work even while they're waiting for the MTR to be received by uscis though but shhh. I have never heard of a case where the uscis wanted to make sure the person didn't work while they were waiting for their MTR receipt to be sent out. Can you imagine them doing that to someone after their own officer denied the case in error resulting in an individual having to pay 500 bucks to reopen the case? Slap after slap in the face.
EB3/FEDEX delivered on 02-Jul-07
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https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
My Firefox shows the APril but IE shows the May. Try deleting the cookies, temp files, cache, etc.
I did all that but still show April 15. :(
Could somebody tell me what's the date for I140 @ NSC?
Thanks!
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
My Firefox shows the APril but IE shows the May. Try deleting the cookies, temp files, cache, etc.
I did all that but still show April 15. :(
Could somebody tell me what's the date for I140 @ NSC?
Thanks!
Would you please elaborate if the flower campaign has hit any mainstream media like CNN, Fox etc?? Or just the TOI and other small covers? I just want to know how famous this has become.. Thanks.
The flower campaign is apparently working as far as the attention the issue is getting.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
The flower campaign is apparently working as far as the attention the issue is getting.
If we can manage to send at least 500-700 flowers to USCIS, that will create the kind of attention we want and it will bring the issue of retrogression again on the forefront in Washington DC.
PLEASE PLEASE send the flowers to USCIS director Emilio Gonzalez. For details on sending, address and the message on the message card, read this thread :
http://immigrationvoice.org/forum/showthread.php?t=6191
Thanks.
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Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
Can we get License renewed using EAD and not having H1?.
I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.
Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.
If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.
Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.
What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
Can we get License renewed using EAD and not having H1?.
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Some paras from U-Va. Receives Largest Gift in School History (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/12/AR2007041202270.html), Friday, April 13, 2007
The University of Virginia announced its largest gift ever yesterday, a $100 million donation that will enable the state's flagship university to establish a school of leadership and public policy.
The gift is from Frank Batten Sr., a 1950 graduate and retired chairman and chief executive of the media company Landmark Communications Inc., who had already donated $60 million to the business school.
The University of Virginia announced its largest gift ever yesterday, a $100 million donation that will enable the state's flagship university to establish a school of leadership and public policy.
The gift is from Frank Batten Sr., a 1950 graduate and retired chairman and chief executive of the media company Landmark Communications Inc., who had already donated $60 million to the business school.
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I'm surprised that everybody in this thread got so scared of the language in a stupid bill and stopped thinking how clever Indians are in finding loopholes. I hate when all the extra-ordinary people think in the same direction. To start with, is it possible that these jokers will pass anything agaist the will of big techs like microsoft, intel, csco, think again? even if they did to make average(stupid) Joe happy, they wil keep loopholes making the law irrelevent. e.g. H1 quota limited but L1 unlimited. businesses more than 50 emps can not have more than 50% H1Bs, what do u think big desi consulting cos are in trouble? they will simply 10 more companies each having 49 people.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
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I first immigrated to Canada, got my citizenship and then came here to the US and am languishing in this stupid GC queue for the past 7 years..
Inspite of all the freedom to go back to Canada, I would now, rather move back to India than any other place...
Forget the little hardships in India..what matters is that India's IT economy is booming...booming like probably no where else in the world!
Why not, go back there, repay the country that gave me all the skills in the first place, and at the same time participate in that booming economy?
Inspite of all the freedom to go back to Canada, I would now, rather move back to India than any other place...
Forget the little hardships in India..what matters is that India's IT economy is booming...booming like probably no where else in the world!
Why not, go back there, repay the country that gave me all the skills in the first place, and at the same time participate in that booming economy?
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anyone else?
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I would only say "Hang On", or move on if you can. A lot of people in same situations, never want to discuss issues openly.
Patience does help, and maybe all the good is stored for future.
Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.
The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.
Yes you are right. We need patience till you get your GC...I know its hard but there is no other way but swallow that pride. Its very hard to do that..speaking of which this anti-indian guy who sits next to me at work was making life horrible for few weeks. Things are sorted out now... I have a great Manager.
I really feel sorry for Neelima's family... wish I could have helped them.
Patience does help, and maybe all the good is stored for future.
Most important is how you deal with stress associated with racial slurs, difference in treatment, and all the above issues. This has direct impact on health and many people in these conditions are victims of stress.
The h1b - GC situation is well known to everyone and they know you are indentured, some managers are called problem solvers (they pretend to hear ur voice, help you from their side and get the work done and try to ease pressure off you if they have an option), whereas some managers are called problem creators (they add additional pressure on you and make u miserable so that they get the work done). The reason companies support their American workers who involve in racial slurs is to avoid issues. It is easy to kick you out and blame you rather than catering to ur problem.
Yes you are right. We need patience till you get your GC...I know its hard but there is no other way but swallow that pride. Its very hard to do that..speaking of which this anti-indian guy who sits next to me at work was making life horrible for few weeks. Things are sorted out now... I have a great Manager.
I really feel sorry for Neelima's family... wish I could have helped them.
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It shows that the interpretation of law is not same everywhere.
some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.
yes, there was so much difference between Bridgeport and Hamden. Eventually I got it for 5 years though I had just 1 year extension on my H1b. I am now in NYC and have to get NY license and just to play it safe , am planning to get the license when I get my h1b 3 year extension which will be applied sometime beginning next year.
some people get it easily and some dont. Bridgeport, CT DMV is very crowded most of the time and tough to get things done. There are a lot of people of a kind that come there and it is tough. you must try Westport etc kind of areas next time.
yes, there was so much difference between Bridgeport and Hamden. Eventually I got it for 5 years though I had just 1 year extension on my H1b. I am now in NYC and have to get NY license and just to play it safe , am planning to get the license when I get my h1b 3 year extension which will be applied sometime beginning next year.
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Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
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japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
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I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
This is still not a big deal.
Firstly, the lesson learned from this is, dont show your H1 to the officer at counter if that H1 is expired and you are entering on AP. The officer doesnt care what your history is and how many beautiful H1s you had in past that are now expired. If you are entering into US using advanced parole, then show advanced parole. What is the point of showing an expired H1 stamp?
Secondly, as far as JFK is concerned, that airport seems to have procedure that all AP holders are processed in back office (secondary inspection office) and not processed at the counter. In my case, as soon as the officer saw an AP, (that first thing I showed him even before passport and the I-94 filled out), he said "oh parole ... let me grab that and walk down that room", he put all things (parole, I-94, passport) into a plastic bag and took me to a back office. There, another employee entered AP info in the system, stamped the AP and gave it back to me. It did take about 10-15 minutes for them. But they didnt ask any questions.
So, try to make it simple for employees at POE by showing them the authorization for re-entry - WHICHEVER it is. If you are re-entering on H1, then show them h1 stamp that is valid. Dont show AP. If you are re-entering on AP, then show them AP and TELL THEM you are entering on AP, rather than flashing an expired H1 stamp.
Thirdly, this isnt a nightmare, the guy was processed in downtown office, and took a few extra hours. Big deal. Yes, its a hassle, but one must act professionally rather than throwing tantrums like "let me in or let me go back to my home country". That's NOT how government operates, definately not at that level. There are procedures in place. Emotions and rhetorical outbursts are not going to sway the decision. If you have the right authorization to re-enter, then you will be let back in, there is no other alternative. If you dont, then no amount of rhetoric and outburst is going to save you. The decision is driven by paperwork and not by the impression you create on them. The impression matters when you are getting visa for first time in US consulate. But at POE, its more procedural and there isnt that much discretion and leeway to deport people back.
If you want to throw tantrums and use rhetoric, then there are plenty of places to do that, and I'd suggest you start with your congressman and senator's office. Go there and tell them that let's end the probationaly shackles on skilled immigrants and regularize them in American mainstream OR if they are bad for america, then send them all back. That's where the rhetoric and emotional tantrums might work. They wont work at POE at airports or in USCIS offices.
Calm down people, use AP freely and peacefully and also EAD. AP is not just used by us, it is also used by family and marriage immigration cases. Many people get engaged, come here, then get married and then file for green card based on marriage to citizen. Even they use AP. In fact, they have no other choice except AP for re-entry as they dont have H1 or L1 alternatives.
Yes, Its the same number, but at one of the prompts, you need to put a different number for LIN.
H1 was approved some time last year and H1B started from 10/1/2006.
Can employee start working without SSN? My wife received H1 approval around Oct 2006 and we applied for SSN in Nov 2006. We received it by end of Feb 2007. From March 07 we got pay stubs.
People who switched from F2/H4 to H1 can consider their SSN application time as valid status. Right?
Can employee start working without SSN? My wife received H1 approval around Oct 2006 and we applied for SSN in Nov 2006. We received it by end of Feb 2007. From March 07 we got pay stubs.
People who switched from F2/H4 to H1 can consider their SSN application time as valid status. Right?
