CSC August 2005 Filing I-140 Tracking
- Thread starter gp111
- Start date
perm_faq said:[Note: gp111 mentioned as H1b Status, thats not true]
Hope you got it now?)
What do you get from this ?
- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.
YES.
You will be called as "PAROLEE" if you entered the country using "Advance Parole", NOT called as H1B. Top of that H1B VISA is EXPIRED.
** Being a parolee, the immigration law doesnot bar one from his H1B Extension. Correct!
** Since H1B law is dual intent, it allows one to continue working for his employer [no need of EAD], though he entered the country on immigrant petition. Thats the whole idea. You follow?
** This parolee thing was mentioned by Attorney murthy. Look at his message I copy-pasted earlier.
Let me know if you disagree, so that we can carry forward this querry to an immigration attorney.
gp111: I just did some more research on this very topic. Just double check above my comments with Murthy's reply (below) from one of the chat sessions, you will find EXACT statement that I mae above. """"if last action is the entry on AP, then one is a parolee not H1B, but future extensions of H status are STILL permitted""" -- Agree? Its very very .. hard to interpret immigration law ... particular when two such complex issues (immi/non-immi) collide.
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Question: If my H1B extension is in process and I use advance parole, will my H1B be cancelled?
Answer: Generally, using the AP to travel and reenter should not automatically cancel the H1B extension pending. Although there is a lot of gray area in this field, the Legacy INS memos of March and May 2000 seem to allow flexibility and allow a person to be able to enjoy both statuses while on H1B or L-1 or for the dependents. The last action of the USCIS will usually govern under the last action rule, so that if the last action is the entry on AP, then one is a parolee and not on H1B, but future extensions of H status are still permitted. Oct-24-2005.
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You will be called as "PAROLEE" if you entered the country using "Advance Parole", NOT called as H1B. Top of that H1B VISA is EXPIRED.
** Being a parolee, the immigration law doesnot bar one from his H1B Extension. Correct!
** Since H1B law is dual intent, it allows one to continue working for his employer [no need of EAD], though he entered the country on immigrant petition. Thats the whole idea. You follow?
** This parolee thing was mentioned by Attorney murthy. Look at his message I copy-pasted earlier.
Let me know if you disagree, so that we can carry forward this querry to an immigration attorney.
gp111: I just did some more research on this very topic. Just double check above my comments with Murthy's reply (below) from one of the chat sessions, you will find EXACT statement that I mae above. """"if last action is the entry on AP, then one is a parolee not H1B, but future extensions of H status are STILL permitted""" -- Agree? Its very very .. hard to interpret immigration law ... particular when two such complex issues (immi/non-immi) collide.
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Question: If my H1B extension is in process and I use advance parole, will my H1B be cancelled?
Answer: Generally, using the AP to travel and reenter should not automatically cancel the H1B extension pending. Although there is a lot of gray area in this field, the Legacy INS memos of March and May 2000 seem to allow flexibility and allow a person to be able to enjoy both statuses while on H1B or L-1 or for the dependents. The last action of the USCIS will usually govern under the last action rule, so that if the last action is the entry on AP, then one is a parolee and not on H1B, but future extensions of H status are still permitted. Oct-24-2005.
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gp111 said:
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You are welcome!
Yes, its hard to draw a line between the non-immigrant/immigrant classifications, particular the things like this.
Yes, its hard to draw a line between the non-immigrant/immigrant classifications, particular the things like this.
Undy said:OK. I think I got it now
Nothing is easy with US consulate in my country
OK. Got this too
Pretty confusing stuff here I tell ya...
Thanks for bearing with me.
perm_faq said:
Thanks Perm_faq this helps.
My H1b is going to expire(6 years complete) by the time I get back into US(H1 is not expired when I am going out of US). If I apply for H1b extension before I leave and use AP for re-entring into US, working for the same employer, can I still continue on H1?
Your help is appreciated.
Thanks,
-UIGC
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Waiting_LC_GC
Registered Users (C)
Service Center Phone number
What is the phone number of call service center. Do i need to call California service center or NSC. ?
Do i will get new AP/EAD after this address changes or existing will work. ?
If they send new AP/EAD with new address then how much time it will take to receive ?
Thanks a lot.
gp111 said:
What is the phone number of call service center. Do i need to call California service center or NSC. ?
Do i will get new AP/EAD after this address changes or existing will work. ?
If they send new AP/EAD with new address then how much time it will take to receive ?
Thanks a lot.
desideccan
Registered Users (C)
H4 Question
Guys,
I came to United States on F1 visa.Later i moved to H1b visa but my passport was never stamped with H1b visa.My passport is only stamped with F1 visa.Then i applied for Green card and i got A.P and EID Card.I went to India recently and entered United States on Advance Parole .I am planning to go to India to get married.My question is can i bring my wife on H4 visa to Unites states with out my passport being stamped with h1b visa.
Guys,
I came to United States on F1 visa.Later i moved to H1b visa but my passport was never stamped with H1b visa.My passport is only stamped with F1 visa.Then i applied for Green card and i got A.P and EID Card.I went to India recently and entered United States on Advance Parole .I am planning to go to India to get married.My question is can i bring my wife on H4 visa to Unites states with out my passport being stamped with h1b visa.
Hi gp111/perm_faq,
My lawyer sent my I140/I485 cross-chargeability application on Dec 23rd. But I have not yet received the receipt notice yet. Is this something unusual? How long does it take to receive the receipt number. My lawyer says since the application has been addressed to the "Supervisor"(because of using CC), it will take longer to get receipt notice. What is your opinion about this?
Thanks,
abu
My lawyer sent my I140/I485 cross-chargeability application on Dec 23rd. But I have not yet received the receipt notice yet. Is this something unusual? How long does it take to receive the receipt number. My lawyer says since the application has been addressed to the "Supervisor"(because of using CC), it will take longer to get receipt notice. What is your opinion about this?
Thanks,
abu
desideccan,
I think you will have to get H1 Visa stamp for you to bring your wife on H4, as you were "paroled" into the country last time. REMEMBER... "Parloee" does NOT belongs either of "immigrant or non-immigrant" classifications albeit you have unexpired H1B approval. I guess, when you apply for H4 visa for your "would be" wife, consulate would ask for primary applicants VISA stamp (in this case H1B visa, which you don't have). And,
Since you had filed "Adjustment of status (AOS)" application, you are using one of its benefits. And your "would be" wife do not have such benefits, so she would be needing H4 anyways! Let me know, if it makes sense!?
I think you will have to get H1 Visa stamp for you to bring your wife on H4, as you were "paroled" into the country last time. REMEMBER... "Parloee" does NOT belongs either of "immigrant or non-immigrant" classifications albeit you have unexpired H1B approval. I guess, when you apply for H4 visa for your "would be" wife, consulate would ask for primary applicants VISA stamp (in this case H1B visa, which you don't have). And,
Since you had filed "Adjustment of status (AOS)" application, you are using one of its benefits. And your "would be" wife do not have such benefits, so she would be needing H4 anyways! Let me know, if it makes sense!?
desideccan said:
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desideccan
Registered Users (C)
perm_faq said:
Prem_faq,
I have valid H1b approval document tough.Will that help.
Thanks in advance.
sanliergun
Registered Users (C)
My lawyer says that since we filed concurrently I-140
and I-485 go together, and it is the processing date
of I-485 that I should be following. My ND is 7/27/2005
for concurrent filing and no LUDs on I-140. I received
e-mail updates for our I-485 applications, they have sent
us the FP notices.
Here are the dates:
I-140/485: ND 7/27/2005
I-765 (spouse only): 11/10/2005
I-140 LUDs: 7/28/2005
I-485 LUDs: 7/28/2005, 1/6/2006, 1/14/2006
I-765 LUDs: many LUDs last one being on 12/11/2005
FP notice received on 1/13/2006, scheduled for 1/25/2006
and I-485 go together, and it is the processing date
of I-485 that I should be following. My ND is 7/27/2005
for concurrent filing and no LUDs on I-140. I received
e-mail updates for our I-485 applications, they have sent
us the FP notices.
Here are the dates:
I-140/485: ND 7/27/2005
I-765 (spouse only): 11/10/2005
I-140 LUDs: 7/28/2005
I-485 LUDs: 7/28/2005, 1/6/2006, 1/14/2006
I-765 LUDs: many LUDs last one being on 12/11/2005
FP notice received on 1/13/2006, scheduled for 1/25/2006
gp111 said:
desideccan:
But, your current status is NOT H1B. Since you are "paroled" into the country. As I said yesterday [copy-pasted Atty Murthy's reponse] that USCIS always looks at the "last action" to govern the status. So you don't belong to H1B. You will be treated as "parolee".
A Parolee can return to H1B status by re-entering the country with his/her valid H1B approval + H1B visa.
Hope you got the difference between the two. Right!
But, your current status is NOT H1B. Since you are "paroled" into the country. As I said yesterday [copy-pasted Atty Murthy's reponse] that USCIS always looks at the "last action" to govern the status. So you don't belong to H1B. You will be treated as "parolee".
A Parolee can return to H1B status by re-entering the country with his/her valid H1B approval + H1B visa.
Hope you got the difference between the two. Right!
desideccan said:
abu2003
It is some thing we can't say for sure. Because, some one who filed on 9/30/2005 got receipts on 10/27/05. meaning it took almost 1 month to get receipts. But that was peak time due to retrogression deadline. In your case, not sure whats up there. May be try calling them to see whats going on ....
It is some thing we can't say for sure. Because, some one who filed on 9/30/2005 got receipts on 10/27/05. meaning it took almost 1 month to get receipts. But that was peak time due to retrogression deadline. In your case, not sure whats up there. May be try calling them to see whats going on ....
abu2003 said:
I cleaned up the spreadsheet, made one updated one (attched). Number of approvals has clearly been increased. I assumed there are always some people who don't update the forum. Hope we see some progress in the next few weeks.
An update of my overseas travel using AP:
I was advised by the attorney to have both AP copies and EAD card. The immigration officer kept one of the AP copies, didn't ask for EAD. A new I-94 has been issued with AOS (Adjustment of Status) on it valid for one year. So, I guess that means I am no longer on H1B according to I-94 and probabley in their computer network (if they have a national system). And I need to apply for a new I-94 within a year. Any comments?
An update of my overseas travel using AP:
I was advised by the attorney to have both AP copies and EAD card. The immigration officer kept one of the AP copies, didn't ask for EAD. A new I-94 has been issued with AOS (Adjustment of Status) on it valid for one year. So, I guess that means I am no longer on H1B according to I-94 and probabley in their computer network (if they have a national system). And I need to apply for a new I-94 within a year. Any comments?
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tantan
Yes it is required to apply EAD/AP every year. Since you have used AP to return, your current status is "AOS" or "parolee". but you can still work for the H1B sponsering employer as long as that is valid and you can seek further extensions with your I140 approval. With extended H1B approvals you can revert back to H1B status after you get H1b Visa stamp and re-enter the country.
Once you get new AP approved, you will not require another I94. Because the new AP is the "last action". correct!
Yes it is required to apply EAD/AP every year. Since you have used AP to return, your current status is "AOS" or "parolee". but you can still work for the H1B sponsering employer as long as that is valid and you can seek further extensions with your I140 approval. With extended H1B approvals you can revert back to H1B status after you get H1b Visa stamp and re-enter the country.
Once you get new AP approved, you will not require another I94. Because the new AP is the "last action". correct!
tantan said:
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GCard_Dream
Registered Users (C)
Aug I-140 Approved
The I-140 application with case number WAC0522050xxx has been approved. Does anyone know how to decode the WAC05220 to figure out the exact notice date. The first 05 is fiscal year 2005 and 220 is the 220th working day of that fiscal year. Does that correspond to Aug 8th, 2005?
The I-140 application with case number WAC0522050xxx has been approved. Does anyone know how to decode the WAC05220 to figure out the exact notice date. The first 05 is fiscal year 2005 and 220 is the 220th working day of that fiscal year. Does that correspond to Aug 8th, 2005?