Filing AP First Time

R

rhinohere

Registered Users (C)
Immigration Guys and gurus,

I am planning to use AC-21 for the first time. I have (had) H1b with my sponsoring company and thus I never required to file for AP.

I am going to move from NH to NJ, so the question is, where should I apply for AP ? NH local office or NJ local office ?

Thanks,
Rhino.

Concurrent - 140/485 - RD Nov 2002
140 approved date march 2004
 
rhinohere said:
Immigration Guys and gurus,

I am planning to use AC-21 for the first time. I have (had) H1b with my sponsoring company and thus I never required to file for AP.

I am going to move from NH to NJ, so the question is, where should I apply for AP ? NH local office or NJ local office ?

Thanks,
Rhino.

Concurrent - 140/485 - RD Nov 2002
140 approved date march 2004
Click to expand...
---file the AP where your I-485 is pending I think your I-485 is with VSC , you have to file the AP or EAD with service center and not with local office
 
local office

Thanks for the reply ginnu.
You are right about VSC. However, my colleague filed his AP by going to the local office here at Manchester NH, which is called Application support Center. So I was wondering which support center to go, here in manchester, NH or there in Newark, NJ, as I am going to move to NJ in couple of weeks.

Thanks,
Rhino.
 
rhinohere said:
Thanks for the reply ginnu.
You are right about VSC. However, my colleague filed his AP by going to the local office here at Manchester NH, which is called Application support Center. So I was wondering which support center to go, here in manchester, NH or there in Newark, NJ, as I am going to move to NJ in couple of weeks.
---- your friend may have efliied and then went to Application support Center to take the pictures or his file may have been transfred to local office. FYI the paper filing is much better send your Photo form, fees, pending I-485 copy, Color copy of your DL and first page of passport evidence in envelope to VSC.
Better file with VSC when you move to NJ so that you get your AP at your new address and also file form AR11 and you or your lawyer may also need to update your new address on pending I-485 with VSC

one one moves you need to do the below:
1 file form AR11 for address change
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your I-485( if you have spouse I-485 pending He/she also need to change address on her/his I-485) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your name, DOB, A# on cover letter so that you get Pingerprinting notice at your new address. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or any other application)
*** do the all 1,2,3
Thanks,
Rhino.
Click to expand...
 
Question for Ginnu

Ginnu,

Am filing AP first time for spouse and self. Am planning to use EAD as 140 got approved recently and H1 is ending.

Are these docs reqd for both spouse and self or do I need to add anything more:

1) Form
2) Fees
3) Photos
4) Copy of 1-485 rcpts
5) Copy of biographic passport page
6) Cover letter

Also what needs to be mentioned in cover letter i.e. Reason for travel etc. Is it reqd.

Please let me know.

Thanks in advance.

Yeppo
 
yeppo said:
Ginnu,

Am filing AP first time for spouse and self. Am planning to use EAD as 140 got approved recently and H1 is ending.
----- if possible file H1 extension becase H1 has advantages, if the employer is not ready to file 7th year extension then only use EAD
Are these docs reqd for both spouse and self or do I need to add anything more:
*** your wife has to send her EAD and AP, you need to send your EAD papers and AP.

For EAD you need:
• Check in the amount of $175 for the filing fee;
• Form I-765
. Top portion that I got with previous EAD
mailer ( if it is first time then you dont have mailer)
• Copy of front/back of last EAD
• Copy of I-485 filing receipt notice;
. Two Photographs(New style standard passport-style photograph ) in envelope with my Name, DOB and A# written at the back of photographs

• Copy of I-140 approval notice;
•Copy of current valid I-94 front and back


• Color Copy of driver’s license;
• Color copy of passport’s biographic
( your spouse has to send copy of marriage certificate also.
List all on cover letter and you sign your cover letter and I-31form and your wife has to sign her cover letter and form and make two seprate pakage
-------------
FOR AP :
• Check in the amount of $165 for the filing fee;
• Form I-131
. Two Photographs(New style standard passport-style photograph ) in envelope with my Name, DOB and A# written at the back of photographs

• Part 7 supplemental information;
• Copy of I-485 filing receipt notice;
• Copy of I-140 approval notice;
.Copy of current valid I-94 front and back

• Copy of last approved Advance Parole document;( if you dont have no need)
• Color Copy of driver’s license;
• Color copy of passport’s biographic page;


List all on cover letter and you sign your cover letter and Form and your wife has to sign her cover letter and form and make two seprate pakage

Please let me know.

Thanks in advance.

Yeppo
Click to expand...
 
Thanks a Billion

Ginnu,

Thanks !!! You are the best.

Does the cover letter have to give reasons for AP. I have AD incidentally with the same situation you have i.e. was expiring in Nov 04 and when I renewed the y renewed from Aug 04 - Aug 05.

Rgds,

Yeppo
 
yeppo said:
Ginnu,

Thanks !!! You are the best.

Does the cover letter have to give reasons for AP.
----- Yes, write on the cover letter you want to visit your home country to meet parents or vacations ( they dont care about reason)

I have AD incidentally with the same situation you have i.e. was expiring in Nov 04 and when I renewed the y renewed from Aug 04 - Aug 05.

Rgds,

Yeppo
Click to expand...
 
Thanks Ginnu,

Is it OK if I PM you if I have any questions while filling form.

Regarding H1 there is no problem with employer. It is just that I have to take a permanent position with client who will not sponsor H1 and either way why to waste the remaining few months of the H1. On the flip side I know that you lose status if 485 gets denied but have to go one way or the other.

Rgds,

Yeppo
 
yeppo said:
Thanks Ginnu,

Is it OK if I PM you if I have any questions while filling form.
--- you can PM but I may not be able to write more details, better post here so that if I am wrong on any point others will help you, we all are here to help you
Regarding H1 there is no problem with employer. It is just that I have to take a permanent position with client who will not sponsor H1
and either way why to waste the remaining few months of the H1.
--- how could you save the remaining few months if you use EAD???????? once you use EAD you are not on H1 status and you dont save the remaining months. who told you or where did you read that you can SAVE remaining few months H1, please make me more wiser
On the flip side I know that you lose status if 485 gets denied but have to go one way or the other.

------ if your I-140 is approved and I-485 is pending more than 180 days and you find new job offer same/similar as on approved LC then you are eligible to use AC21 and can use EAD ( If I am in your situation I will try to maintain H1 status and will join new employer with H1 transfer to be safe) first talk to new employer that you will need future permanent job offer letter and USCIS may aslo ask the ability to pay from new employer, clear everything so that he knows what new employer has to provide if you join him.
Click to expand...
 
Good point.

I will check with them regarding giving letter if required etc. They will not do the H1 that I am sure of. Regarding ability to pay I am sure that wont be an issue as it is one of those giant corporations ut good to let them know so that at last minute they should not say no or something like that.

Rgds,

Yeppo
 
One more point

Ginnu,

This is an interesting question and maybe you can shed some light. Others too feel free to add/comment.

I am currently working on an H1 with Company A who are also processing my green card.

Let’s say that Company B (the client) agrees to do an H1 transfer and I start working for them.

In 6 months – 1 year my Green card is approved.

Do I have to now rejoin Company A for any period of time. Please note that I have not invoked AC21 as I have done an H1 transfer not used my EAD.

Your reply would be greatly appreciated as I am weighing a lot of things before make a decision.

Rgds,

Yeppo
 
yeppo said:
Ginnu,

This is an interesting question and maybe you can shed some light. Others too feel free to add/comment.

I am currently working on an H1 with Company A who are also processing my green card.

Let’s say that Company B (the client) agrees to do an H1 transfer and I start working for them.

In 6 months – 1 year my Green card is approved.

Do I have to now rejoin Company A for any period of time. Please note that I have not invoked AC21 as I have done an H1 transfer not used my EAD.
-------if you dont invoke AC21 then you need to work with A for 6 months after I-485 approval or GC. If you use AC21 and send AC21 letter from B to USCIS BEFORE your I-485 is approved for A then you need to work with B
Your reply would be greatly appreciated as I am weighing a lot of things before make a decision.

Rgds,

Yeppo
Click to expand...
 
Question: Travel Documents (I-131)

Hello ginnu & yeppo,

I have a question regarding my Travel Documents (I-131):

I have filed my Concurrent processing (I-140/485/131) in the month of August 2004. The passport copy which I have filed was expiring on November 2004. I have applied for passport renewal, now I have received the renewed passport with new number.

I believe there will be a passport number on the Travel Document (I-131).

My question is: I am travelling in the month of December 2004, The travel document I am going to receive, it will have a Old Passport number. So does it make any problem during my travel?

I appreciate response and thanks in advance!

Thanks
smbasha
 
smbasha said:
Hello ginnu & yeppo,

I have a question regarding my Travel Documents (I-131):

I have filed my Concurrent processing (I-140/485/131) in the month of August 2004. The passport copy which I have filed was expiring on November 2004. I have applied for passport renewal, now I have received the renewed passport with new number.

I believe there will be a passport number on the Travel Document (I-131).

My question is: I am travelling in the month of December 2004, The travel document I am going to receive, it will have a Old Passport number. So does it make any problem during my travel?

I appreciate response and thanks in advance!

Thanks
smbasha
Click to expand...
As I remember the AP does not contain your PP number.
Even if it did, you just have to carry both your old and new PP together.

No problems .... folks have traveled using valid visas in old passports (with the new PP).
 
smbasha said:
Hello ginnu & yeppo,

I have a question regarding my Travel Documents (I-131):

I have filed my Concurrent processing (I-140/485/131) in the month of August 2004. The passport copy which I have filed was expiring on November 2004.
I have applied for passport renewal, now I have received the renewed passport with new number.
----- No problem, now keep both the passports stapled in future ( and keep the copy of each passport at home)
I believe there will be a passport number on the Travel Document (I-131).
----- NO, AP will NOT have PP# it will have Name, DOB, A#
My question is: I am travelling in the month of December 2004, The travel document I am going to receive, it will have a Old Passport number.
--AP will not have old or new PP # on it
So does it make any problem during my travel?
---no problems, just keep the copy of I-485 filing with you and show if asked at POE normaly they dont ask I-485 reciept)

I appreciate response and thanks in advance!

Thanks
smbasha
Click to expand...
 
Thanks max2k1 & ginnu,

I appreciate your response. I got some relief now.

Once again Thanks for your response.

-smbasha
 
ginnu said:
-- how could you save the remaining few months if you use EAD???????? once you use EAD you are not on H1 status and you dont save the remaining months. who told you or where did you read that you can SAVE remaining few months H1, please make me more wiser
Click to expand...

Hi Ginnu,

This is an interesting topic, saving time on H1 by switching to EAD. And I will make you wiser and let you know that if you switch to EAD, you DO save the remaining time on H1. :) Please read the last paragraph here:

http://www.immihelp.com/gc/aos/eadap_h1.html

I Reporoduce it below :

Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer.
 

Ginnu,

Is marriage certi. reqd for AP application for spouse. Also is DL reqd for her as she does not have one . Will PP pages suffice.

Thanks,

Yeppo
 
yeppo said:
Ginnu,

Is marriage certi. reqd for AP application for spouse.
---yes for AP and also for EAD
Also is DL reqd for her as she does not have one .
--- if she has state ID send the color copy
Will PP pages suffice.
----- send the color copy of her passport page that has her name, dob, photographs, if she has visa stamp on passport even if expired make the color copy of that and send all, list on cover letter what she has attached and she should sign the form and cover letter
Thanks,

Yeppo
Click to expand...
 
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