chanduv23
08-04 09:38 AM
I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
He went to Lincoln, Nebraska.
The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Thats is called 'Gandhigiri' my friend
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ramus
06-15 09:14 AM
Great.. Thank you..
Very good thred.
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
Very good thred.
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
apahilaj
09-28 03:27 PM
Singhsa,
Thanks for your reply.
I've already called them up twice and they keep on giving me the same reason saying ASC must be busy with other appointments.
Is there any other way to escalate this? Thanks.
Thanks for your reply.
I've already called them up twice and they keep on giving me the same reason saying ASC must be busy with other appointments.
Is there any other way to escalate this? Thanks.
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lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
more...
acecupid
06-18 10:02 PM
Lol.. thats funny!:D
ashkam
10-26 10:47 AM
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 365 days and not 180 days to get a one year extension.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 365 days and not 180 days to get a one year extension.
more...
leo2606
11-13 09:45 PM
First thing Draft a strong letter to DOL about this guy, send an email to your old employer and tell him if he doesn't respond with in X mount of time you are going to complain to DOL.Ask him to look at the attched complain which you will be sending to DOL.
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
Hi Guys,
My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.
He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......
If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also
Please Sugest
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surabhi
08-17 04:02 PM
I think this might be the case where "Waiver of Signature" was not opted in case of express mail.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
more...
amaran18
08-13 04:30 PM
First of all, Congrats !!
You should talk to a lawyer to get this clarified.
You should talk to a lawyer to get this clarified.
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transpass
09-12 10:08 AM
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
If you don't mind sharing, what is the date on the RFE letter?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
If you don't mind sharing, what is the date on the RFE letter?
more...
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LostInGCProcess
02-11 04:09 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
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legaleagle
05-27 06:37 PM
Hello diptam,
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
I am on H1 with AOS pending. I will be applying for H1 extension for first time. Could you give me a link for the procedure and documentaion. My period expires on Sept 2008.
Thanks
more...
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gc_relief
04-27 02:22 PM
Hi Gurus
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
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Singer
10-21 11:06 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
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njboy
02-23 10:16 AM
if you have an h1 approval till a later date than the I-94 was given for,( because of passport expiring), then making a long trip to Canada was an exercise in futility. All you had to do was go to your closest international airport and talk to a Customs and Border Protection Agent. He will gladly give you a new I-94 which will have a validity date till the date on your H1-B petition.
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mvinayam
08-06 12:45 PM
Hi,
Any clues or guess when I-140 premium processing will be back. Need it asap inorder to file H1 extension :( .
Thanks
MV
Any clues or guess when I-140 premium processing will be back. Need it asap inorder to file H1 extension :( .
Thanks
MV
more...
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H1B-GC
07-13 03:23 PM
The blog is an 'ancient' news in IV.This been discussed and discarded
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Hewa
07-31 04:32 PM
I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.
Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.
Well actually my last address change was about two months back, and I got the permanent license immediately ("over the counter"). I thought they had done away with the practice of temporary license for H1B's, but apparently not.
Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.
Well actually my last address change was about two months back, and I got the permanent license immediately ("over the counter"). I thought they had done away with the practice of temporary license for H1B's, but apparently not.
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hoolahoous
02-04 10:53 AM
since it was USCIS who lost the documents, shouldn't they give YOU benifit of doubt ? Specially considering that they KNOW that there was an AUTO created I-140 in their system. Technically you can't file I485 without I140. If their system indicates that they have created an I-140 that itself indicates that they accepted the error on their part first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.
PS: I am not an attorney so consult an attorney first.
If you challenge USCIS decision in court, I think you have a good chance of getting the decision reverted.
PS: I am not an attorney so consult an attorney first.
WeShallOvercome
07-26 12:55 PM
There's a user named 'whermygc' on page 10 of .
pmpforgc
11-22 03:09 PM
Hi
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
I am working in University in US and my I-140 (EB-2 Sch-A) is approved and my I-485 is pending. I have H-1B approved from March-06 but yet not stamped.
I am planing to Go to India some time next summer.
But before that I am planing to go to MEXICO ( MATAMOROS) for H-1B and
H-4 stamping for my family.
Do I need to carry any extra documents apart from those needed for H-1 B stamping?
DO I need to Get Advance parole before going to mexico for H-1B stamping?
Does the my going out of country with pending I-485 without taking AP will affect pending application of I-485?
Your experienced advise will help me a lot.
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