JunRN
08-23 05:51 PM
The back-ground checks are sub-sets of "pre-approval process". I don't know if the word "pre-approval process" is official terminology used by USCIS. What I am usually reading is "adjudication process".
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vinodmp
02-11 09:52 PM
digging through my old documents now.
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
I was mistaken reading the labor cert application. It did say "we accept BS + 5 years progressive experience".
I am 3 year Eng diploma + 1 year Eng post Diploma + 10 year exp in India + 5year Exp in US before filing Labor Cert .
I do have a copy of the Educational evaluation used by my old attorney which says US master equivalent.
As one member pointed out , there is a possibility that my original employer might have sent a letter saying Labor cert has mistakes but I have no way to confirm that . Or it could that the Officer is just trying to find any small thing to make the case deny.
I am digging all my old docs to give it to my attorney and see what he is going to day .
Thanks for all the support folks .
-vinod
chanduv23
10-05 10:16 AM
Great news :). Go IV go :)
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alterego
02-01 02:13 PM
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.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
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.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
more...
suriajay12
01-14 12:39 PM
`Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
Looks good, but is it talking about legal residents. If legal residents, then good chance to pass, else if its some type of amnesty, then it may not see light.
`(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then.
This if i am reading and understanding right may not be too bad. Let me kow if i am missing anything......
Looks good, but is it talking about legal residents. If legal residents, then good chance to pass, else if its some type of amnesty, then it may not see light.
Marphad
01-13 05:54 PM
are logic life ko nahi jaante aap?
logiclife is a bhagwan .... he is sabka baap .. sabse bada saanp.... aaj kal chup chaap :D:D
(translation: ramblings in hindi language ... the crawling vb has made me sick & delirious)
I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.
logiclife is a bhagwan .... he is sabka baap .. sabse bada saanp.... aaj kal chup chaap :D:D
(translation: ramblings in hindi language ... the crawling vb has made me sick & delirious)
I think you meant "saab" and not "saanp" ;). Or it was a deliberate mistake :D Just kidding.
more...
pankaj_n
04-20 08:33 AM
although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
2 year back my I-140 got rejected due to same reason 3+2 degree.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
2 year back my I-140 got rejected due to same reason 3+2 degree.
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priderock
05-24 11:56 AM
The pro immigration group wants these benefits given to illegals, Anti (any) immigration groups wants no immigration to begin with and want to curtail the current immigration options (H1B and GC for legals etc.) , therefore the compromise is that the pro illegal immigration group lets them cut the current LEGAL immigration channels and anti immigrants let the illegals get all these privileges.
There is no one to argue our cause , there goes our fate :(
There is no one to argue our cause , there goes our fate :(
more...
bheemi
04-03 10:44 AM
Mr Anai.
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
I am not asking you my questions..I am just asking IV if it is helping us in this regard..as this is imp problem for so many EB applicants....
It is better for you just not to quote some nonsense here...
thanks
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coopheal
10-07 02:17 PM
India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
Well in Jan 2005 VB IN was 1/1/2002.
It was the time when priority dates were added.
Well in Jan 2005 VB IN was 1/1/2002.
It was the time when priority dates were added.
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dreamgc_real
07-06 09:38 AM
What is the benefit of applying for an OCI card for the kids and how long does this process take?
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GCHPLC
12-11 12:27 PM
Maybe you should request to send an e-mail on place. This is what we did.
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EkAurAaya
05-15 09:15 AM
PD is March 2003, I'm also leaning towards AOS
As APNAIR2002 pointed out it could take 45 days to 3 months and luck has not been on my side in this matter :D up until yesturday
As APNAIR2002 pointed out it could take 45 days to 3 months and luck has not been on my side in this matter :D up until yesturday
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msandhu
12-31 11:28 AM
If you have applied for 485, you can get DL extension for 1 year based on receipt notice of I-485
Cheers
MSandhu
Cheers
MSandhu
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shana04
02-23 12:59 PM
I believe this would be an interesting question for IV admins or attorneys who are helping IV and senior IV'ans who have done AC21
Scenario1:
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Scenario3:
If you are on H1 in your at the end of 5th year with EAD (not used) then before the end of 5th year or in 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Can IV answer these questions with the help of an attorney or any one who has gone through this can shed some light
This would be useful info for most of us
Thanks in advance
Scenario1:
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Scenario3:
If you are on H1 in your at the end of 5th year with EAD (not used) then before the end of 5th year or in 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Can IV answer these questions with the help of an attorney or any one who has gone through this can shed some light
This would be useful info for most of us
Thanks in advance
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charlotte-gc
03-17 04:33 PM
Guys - I have 2 sets of questions:
1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?
2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'
thanks in advance!
charlotte-gc
1. Case 1: Re-enter on AP with a valid H1-B visa till Oct 2010 (not stamped in Passport though). What status do I have (AOS or H1-B)? This is assuming that I work for the same GC sponsoring employer. I currently have 3 copies of AP (and 3 for my wife) - will I have to turn in all 3 of them at the POE? I have read that the Immigration Officers keep 2 of the 3 APs and return one back to you. The I-94 is stamped for 1 year - what do I do after a year? Do I have to renew my AP every year to maintain my status in the US?
2. Case II: Re-enter on AP (not working for sponsoring employer - using AC 21) - Is this safe? How does one explain AC21 to the Immigration Officer..how should one answer the question: 'Who is your current employer?'
thanks in advance!
charlotte-gc
more...
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sukhyani
05-11 12:18 PM
A premature question : Does somebody know if there is a time limit set by law to start and finish negotiation on two competing bills by House and Senate?
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Canadian_Dream
04-21 01:53 PM
That's not correct. Such frequent reentry after exit will certainly lead to suspicion by an Immigration office at PoE. In fact the intent of 10 year visitor visa is not 10 years of permanent residence. If there is no convincing reason for such frequent reentry you are mostly likely looking at serious interrogation or deportation at the airport. There is no substitute for a GC for your parents if you want them to be with you permanently in the US. Visitor visa has a specific purpose and intent, abusing it could put your folks serious trouble. The other issue with such long term stay on Visitor Visa is - medical insurance - unfortunately there is no good, reliable and comprehensive medical insurance that covers elderly visitors on short trip.
Thanks ! Thats what I thought , but wanted to confirm with senior members.
Thanks ! Thats what I thought , but wanted to confirm with senior members.
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centaur
08-15 07:41 PM
YES
Citizenship is going to happen only after 5 years . But by then it would be long time gone .
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
Citizenship is going to happen only after 5 years . But by then it would be long time gone .
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
at0474
03-21 11:37 AM
I just wanted update this thread with my experience. Could be helpful to people like me who searched many forums frantically. I have 10th year h1b extension valid upto 2010. Instead of going for stamping at US consulate in India, I decided to use advance parole. Most troubling thing about my history was that I had one dwi (Driving While Intoxicated with Alcohol) offense. It is not a deportable offense. However, I was concerned that it would show up at port of entry and they could ask me to go back for consulate processing. I kept all my case related court documents handy. This is very important for anyone travelling with dwi or other serious charges against them.
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
Officer directed me to the secondary inspection. Another officer there entered my information into the computer and after making gazillion keystrokes, he stamped my advance parole document/I-94 with 1 year validity. I got up from the chair when he called my name, walked upto his counter and took my documents from him. NO QUESTIONS ASKED. NO BIOMETRICS.
Hope this helps others.
GCHPLC
12-14 01:28 PM
I know for sure that local office send an e-mail to processing center, it is not in Nebraska or Texas, it is at National Benefits Center (MSC). Mine and my husband's status of EAD was "no decision" . The e-mail sent to MSC with request to finalize the decision. I did not take any evidence, I did not know at that moment that I could. But it worked and I had my EAD after 7 days to be exact.
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