amar123
11-24 05:03 PM
Hi All,
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.
I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:
1.
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.
2.USCIS decides 1-131 is not eligible for fee waiver - probono.net - Asylum Law (http://www.probono.net/asylum/news/article.198509-USCIS_decides_1131_is_not_eligible_for_fee_waiver+ i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)
The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <http://www.uscis.gov/files/nativedocuments/CBO_042908.pdf> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.
Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."
Thanks,
Amar
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venky08
06-13 11:00 PM
As usual to complicate decision making.... :mad:
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
A bird in the hand is better than two in the bush...rest is upto you...
Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.
I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!
Should I just stick on to my current job and ride it out for 6 months to get EAD?
When does one get EAD 3 months after filing 485 or after 6?
Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?
A bird in the hand is better than two in the bush...rest is upto you...
aadimanav
06-03 12:36 AM
This bill is dead.
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Ann Ruben
03-29 07:42 AM
First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
more...
summerpolice
03-18 10:46 AM
I happen to hear that its more easy to convert from L1 visa to Green card .Is it something that the employer has to initiate ? Can we start the process by ourselves.
please shed some light on this.
Thanks
please shed some light on this.
Thanks
gc_lover
06-29 08:12 AM
Your I-94 should be valid as long as your H1B is valid. If you applied for H1B extension they will give you new I94. It should be at the bottom of your 797, please check your H1B approval notice.
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sparklinks
09-16 02:53 PM
My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help
We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(
We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(
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bhatt
04-02 02:21 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
For TSC paper filing is faster than eletronic filing;).
For TSC paper filing is faster than eletronic filing;).
more...
InTheMoment
06-19 03:07 PM
See below
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
Hi,
I am planning to do concurrent filing on my PERM LC.
1. When will I get my AP/EAD? Will I get it only after I-140 is approved or I-140 approval does not matter?
I-140 approval not necessary.
2. Can I do premium processing on my I-140 in the concurrent filing?
Yes, absolutely!
3. Does premium processing available if another I-140 is already pending based on my LC Sub?
No, you cannot file another I-140 in PPS when another is already pending as per USCIS premium processing conditions.
Please reply.
Thanks
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bestia
12-27 10:35 PM
Hey all,
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
I just efiled my EAD. (first one, not renewal). Do I need to send any supporting documents?
If so which ones?
They asked about previous EADs and I had 2 of them (one main, other interim 90 day rule) for my OPT after masters. Do I need to send a copy of those?
Plz help.
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
more...
sukisharma
07-21 07:39 AM
Thanks for your reply.
By amendent, you mean we should send a letter with the additional document after we get the receipt? Will USCIS be able to match this additional document with the original file?
Has anybody done this before? Is there any official regulation on amendent?
Thanks a million for your help!
By amendent, you mean we should send a letter with the additional document after we get the receipt? Will USCIS be able to match this additional document with the original file?
Has anybody done this before? Is there any official regulation on amendent?
Thanks a million for your help!
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Matloob
08-30 02:28 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
more...
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copsmart
11-21 07:22 PM
I wonder when the USCIS will learn to stop playing games with our lives?
Here is my story…
I got my EAD card and AP document last month with a wrong date of birth printed on both documents due to USCIS error.
My Attorney contacted USCIS and he was advised to send the documents back for correction with no fees.
So, we refiled the application and attached the documents. Unfortunately, the entire package was returned to my Attorney requesting USCIS filing fees.
Now, we have filed a complaint with the USCIS Ombudsman’s office and requested their assistance in resolving this problem.
I am planning to use AC21 in Jan ’08, so I am desperately in need of EAD.
Has anyone ever been through similar situation? Do you know how long it will take to process a case at the Ombudsman’s office?
Also, if it is going to take another 2-3 months to get the corrected EAD, am I going to lose all those days or USCIS will print a new expiration date on my card?
Any comments or suggestions would be greatly appreciated.
Here is my story…
I got my EAD card and AP document last month with a wrong date of birth printed on both documents due to USCIS error.
My Attorney contacted USCIS and he was advised to send the documents back for correction with no fees.
So, we refiled the application and attached the documents. Unfortunately, the entire package was returned to my Attorney requesting USCIS filing fees.
Now, we have filed a complaint with the USCIS Ombudsman’s office and requested their assistance in resolving this problem.
I am planning to use AC21 in Jan ’08, so I am desperately in need of EAD.
Has anyone ever been through similar situation? Do you know how long it will take to process a case at the Ombudsman’s office?
Also, if it is going to take another 2-3 months to get the corrected EAD, am I going to lose all those days or USCIS will print a new expiration date on my card?
Any comments or suggestions would be greatly appreciated.
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rajeshpatl
09-10 11:52 AM
Hi,
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
more...
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TheCanadian
04-19 01:16 AM
now u guys made me hungry... fark...For man bacon!? Gross!
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dealsnet
05-10 12:36 PM
You need to go out for 365 days to reset your H1B clock.
You can stay here on F1/H4.
You can stay here on F1/H4.
more...
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coolwiz26
07-03 01:02 AM
same here. Please explain the pros and cons.
-C
-C
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rama0083
11-26 03:24 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
My cousin (unmarried) is on an E-3 visa. But if I remember correctly, an E-3 visa holder cannot have immigrant intent. So the "immigration petition filed" question might create trouble. You should consult a lawyer.
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neeidd
07-15 12:20 PM
I have nov 2004 PD. I have the same problem. USCIS received my app on aug 3rd. But notice date is oct 11. From , i see that these dates doesnt matter as long as your PD is current. So, i didnt bother to contact USCIS.
Thanks for the response, leoindiano
Regards
Thanks for the response, leoindiano
Regards
deardar
06-18 04:05 PM
Hello ,
We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.
Do I have to fill out a seperate I-485 form for her ?
Do I have to fill out a seperate I-765 form for her ?
Do I have to fill out a seperate I-131 form for her?
Do I have to fill out a seperate G-325 form for her ?
Do I have to file the support affidavit(I-864) for her ?
Please do take time to answer .
Thanks
We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.
Do I have to fill out a seperate I-485 form for her ?
Do I have to fill out a seperate I-765 form for her ?
Do I have to fill out a seperate I-131 form for her?
Do I have to fill out a seperate G-325 form for her ?
Do I have to file the support affidavit(I-864) for her ?
Please do take time to answer .
Thanks
bindas74
01-25 11:35 AM
Anyone please share ur opinion.
Thanks
Any opinions please?
Thanks
Thanks
Any opinions please?
Thanks
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