1. I am on H1B. It is valid until 2010. Since I am hearing that there are many queries on the port of entry, do ou think I should travel back to the country with valid AP or H1? Which one is more preferable?
2. Considering I have valid H1B until 2010 and valid AP (though I don't have AP at the moment). I plan to stay on H1 as long as I am waiting for my greencard. But for travel purposes I use AP. Does coming back into the country using AP will change my status from H1 to EAD?
3. How long is AP processing taking these days?
4. All my co-workers are getting huge queries on H1 extension or H1 transfer. Is AP processing also getting queries? Should I even start AP processing?
5. Please list out all the documents that I should carry while traveling?
1. I think I prefer AP. Read the Cronin memo and you will understand that even if you enter using AP, you will be considered to be on valid H-1 as long as you were maintaining H-1 status before you left. Search the word "Cronin" on my blog .
2. No. See answer above.
3. It is impossible to predict times. Plan for a six-month turnaround.
4. Do not be scared of queries. We are yet to lose an H-1 case. I am not aware of any queries on AP.
5. Advance Parole and Passport.
[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44376-44377]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-66]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-600/I-600A, Revision of a Currently Approved Information Collection; Comment Request
[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request
Here is a document USDOL (Wage and Hour Division) is using to send to employees. This outlines the factors USDOL is most interested in when investigating an employer.
Here is another set of questions that may be of interest to you folks.
Facts from one of our clients
I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
I normally do not answer questions about filling out forms. But in this case, one of our community members has raised issues that I think are generic enough to be generally applicable. I am posting this for all of you who run into a similar situation. Regards to all. Rajiv.
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Here is another question from one of our clients posted in our extranet forclients.com.
Qo. My Priority date became current as per August bulletin.
I and my wife are applied for I-485 on July 2007 (PF is done and got EAD and AP docs). At that time my son was in India and i could not apply for him.
Right now i am working on his I-485 paperwork and targeting to send his application to INS/Nebraska on August first itself (through your Law firm).
The following FAQ should cover the issues.
The application process, whether non-immigrant or Green Card, involves a lot of paperwork, forms to be filled out, birth certificates, and other documents like filing fees and much more. During this process, meeting government officials, visiting embassies/consulates, tracking the application progress, and writing letters to the concerned authorities regarding follow-ups or delays will be essential. Below are a few pointers that provide information and guidelines on all types of immigration delays:
Dear Rajiv Khanna jee
I am not able to express my happiness when I got your mail. I can just say THANK YOU for the sincere effort and a strong belief that you always had in my case. I also want to share the amount of frustration that I went through after the second refusal of the application. Still in that moment of time you said that you will not give up until we achieve our goal. I want to thank Diane, Sumanjee for their immense support of preparing things with the detailed hard work. Many Many thanks. We will always be together.
Sincerely
Ronu Majumdar