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Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.

My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.

Anyone, please give me some guidance on this.
Thanks very much in advance.

Class of Admission: H1B
Date of intended Departure: Any future date (3 months from now or anything..)
Expected length of stay: One month

Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.

Hope that helps.


What will be the answer for the class of admission if the spouse of the person entered US on H4 and subsequently changed the status to H1?

Anybody else, please advice.

our experience:

they will mail back those.

my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

it took 3 days after interview date to get the stamped passport and documents through courier.

If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.

I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)

Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
yeah i thought it was gonna be between him, paddy, and me

Thank you all for giving me confidence. I have updated my profile. I do not remember dates of some information. I will update them later.

One last question is if worst thing to happen would my adv. parole be useful for reentry?

you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.

Okay, i checked and I stand corrected. if you are returning the same employer, then you can continue in H1B status. Here is a link that might answer all your questions.
Z&A - Advance Parole (http://www.hooyou.com/advanceparole/h1bv-ap.html)

Link - The link is not working..
Krishna/Sri, could you give me the correct link.

Thanks Krishna / Sri for very useful information. I will try this option before the other ones.

Thank you very much.

"www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection"

Thanks,
Krishna

Count me in !

Just to share my experience in Minnesota regarding the subject. My liscense was due for status check. I took my I-485 reciept notice to DMV, they made a copy and faxed it to St-Paul DMV. St-paul office did not said or replied any thing untill I got my new driver's liscense with the same status check date and then I recieved a letter saying I have two more days before I could submit the status evidence before I will loose my driving previliges.
Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.

Curious to see if there is any luck for spouse approvals in the September 2009 PD movement ?

Got to the forums menu and select I-485 reciept tracker and you will find that you are not the only one sailing. There are bunch of July 2nd filers who have not got their reciepts yet to start with. I am one among them . Filed on July 2nd no activity yet, no checks cashed .

I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.

Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.

I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation

the approval job code is 13-1111.00 - the new title i am getting is system analyst.

also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...

...Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders....
...

This statement is utter nonsense.

Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?

You can find the answer here:

Right.

But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

I have completed. :)

Thank you for spreading my teachings to you. :D

By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.

I think you should consult an attorney.

Once I-485 is filed, one can file for change of status ONLY to H/L status.

______________________
Not a legal advice
US citizen of Indian origin

You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."

Can anyone, who traveled on AP without an original copy of I-485 - Please help!
I'm traveling on AP, and I don't have the original I-485 receipt. I have a Copy of I-485 Receipt. My Original I-485 is with my attorney.
I will be taking all 3 Original copies of I-131 (AP's) approved.
Do I need the Original I-485?

Any thoughts?