Lisap
08-03 12:27 PM
What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?
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nogc_noproblem
03-16 12:37 PM
Well said, if we always worry about the exceptions, then there won�t be any peace in life.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
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mbartosik
08-03 03:55 PM
see \/\/\/
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haeveingridseyn
09-09 07:56 AM
Hi Everyone..
Thanks for providing this information . I am also searching this type of topic.
Its really helpful to forum members and solve many problem.
Keep it up.
Thanks for providing this information . I am also searching this type of topic.
Its really helpful to forum members and solve many problem.
Keep it up.
more...
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gcwatchdog
10-18 01:58 PM
No need to worry even if it's warning...
I had a same situation with my wife FP yesterday.
she got warning for 2 fingers........
I asked FP officer why the warnings and does it cause any problems.then
she replied nothing to worry it happens somtimes..
then asked again do we need to comeback again for FP.....
she replied no..not necessary unless and until FBI has any questions...
I had a same situation with my wife FP yesterday.
she got warning for 2 fingers........
I asked FP officer why the warnings and does it cause any problems.then
she replied nothing to worry it happens somtimes..
then asked again do we need to comeback again for FP.....
she replied no..not necessary unless and until FBI has any questions...
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helpfriends
04-15 11:55 AM
It's not for me(thank goodness!). I was just curious - someone else I know has done this.
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snathan
08-05 12:06 AM
My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
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snakesrocks
03-14 11:31 AM
Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.
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justin150377
07-01 02:48 PM
I'll join..I'd only have to go back to Canada. I can understand why the thousands on here would not. However, Canadian permanant residency is easier to get, anyone applying for it?
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lostcause2007
04-11 05:24 PM
Havent heard about getting visitor visa without appointmment. Might want to talk directly to the Consulate.
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rb_248
08-14 03:34 PM
Dogking,
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.
there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.
rb_248, after you filed the conversion how long for you to got it approved?
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das0
06-22 10:04 AM
Thanks.
In that case, she will not use the EAD and work on EAD. but wait until Oct 1, 2007 and then start on H1B only.
I was told that there is a potential worry about timeline renewal of EAD and interim EAD will be frozen until further notice?
In that case, she will not use the EAD and work on EAD. but wait until Oct 1, 2007 and then start on H1B only.
I was told that there is a potential worry about timeline renewal of EAD and interim EAD will be frozen until further notice?
more...
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priderock
06-15 12:49 PM
How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)
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Dipika
06-20 12:51 PM
Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....
You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.
You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.
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sidbee
10-26 04:21 PM
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
This is totally wrong information.
If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.
If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.
This is totally wrong information.
If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.
If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.
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jnraajan
08-18 11:15 PM
We all appreciate your frustrations. But by posting information like these in a highly popular site like IV, you are only bringing unwanted attention to news like these. Hope you understand.
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saloni
07-18 02:28 PM
I am currently on H1b visa and have filed I-485 as primary. My spouse is also on H1B and is derivative. We both have EAD's but are still maintaining H1B status.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
My employer is reluctant to file H1B extension as there are lots of RFE's and client/vendor letter requirements and paper work he does not want to do.
He has asked me to change my status to H4 and work on EAD.
Can I work on EAD without filing H1B-H4.
or
After the new memo regarding unlawful status, it is better to file H1 to H4 and continue working on EAD for my employer.
Will this affect anyhow on my chances of approval of my AOS?
Appreciate your response.
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Circus123
03-14 08:39 PM
Hey check this prediction out.
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
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jiraprapaasa
04-13 11:40 AM
My 4 yr old niece went in person for the visa along with an adult of course.
What document does my niece need to bring to the embassy?
So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.
Will consulate officer interview her or her mother who will be going with her?
She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.
Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.
Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.
What document does my niece need to bring to the embassy?
So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.
Will consulate officer interview her or her mother who will be going with her?
She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.
Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.
Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.
i99
08-30 06:25 PM
Sayanora,
Thanks, I will let know if I get anything better.
:)
Thanks, I will let know if I get anything better.
:)
satishku_2000
07-08 03:18 PM
Yeah it was on fox news live, This guy Tom Tancredo says people dont have "right to green card". As far as I understand I dont beleive that I have a right to green card and I beleive vast majority people on this forum know that fact.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
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