General Immigration Discussion

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Originally Posted by nishant2200

gcseeker, if you are in Los Angeles, would be glad to have drinks and observe a minute of silence for both of us :)

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Bro I am quite closeby in San jose and would be more than happy anyday to have drinks with you. Also there is no icon for Jaado ki Jhappi :) for both of us.

May the visa gods hear your words and move it in the next VB too.

Yes she must be in USA to apply for AOS.

Question

For people who will be filing their I-485's in November, based on current trends, what is the anticipated timeline for receiving

a) EAD/ AP
b) Actual GC

EAD/AP within 90 days of application receipt.

GC in dying phases of Q3 FY 2012 if EB1 shows mercy, otherwise anytime in Q4 FY 2012. This is my current take.

I am not sure about quarterly SO model if it's going to be used, if that happens, then it might be in dying phases of Q2 if you are lucky, are already documentarily qualified (your case is clean and pre-approved fast), and EB1, EB2 ROW show mercy. I have not yet paid much thought to quarterly SO model.

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Originally Posted by ram_40001

Question

For people who will be filing their I-485's in November, based on current trends, what is the anticipated timeline for receiving

a) EAD/ AP
b) Actual GC

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Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

Yes just noticed. In 2007 it was 6 months

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Originally Posted by RRRRRR

Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

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If it is a short visit, then you get to keep your existing I-94. My friend went for a week and he came back on the same I-94. But as always, please triple check before you do anything. Am not a lawyer and they keep changing rules frequently.

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Originally Posted by 10102007

If it is a short visit, then you get to keep your existing I-94. My friend went for a week and he came back on the same I-94. But as always, please triple check before you do anything. Am not a lawyer and they keep changing rules frequently.

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Thank You for your quick response

Thank You Q for your quick response

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Originally Posted by qesehmk

I think she can apply for AOS while you can opt for 485.

To file 485 she needs to be in US which means her H4 needs to come through.

Worst case is your 485 is approved and then she applies for hers based on your GC. But most likely things should be sorted out much before that.






I don't see any problem. H1 is dual intent so even if you are travelling on H1, its not a problem.

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Congrats Man!! I am still gchopeful...but now EAD/AP positive (and thankfully it's not a disease) !!!

Just booked my civil surgeon appt for this Sat. Next get forms filled and photos done.

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Originally Posted by soggadu

hopefull bhai...ur hopes are full now.... yes i am in too...

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Originally Posted by gchopeful123

Oh my God!! I am current (Sep 2007) !!!

I dont believe this. I was expecting the VB to be out on Fri, not today. Was not ready for this pleasant shock. To think we were discussing about vaccinations just a couple of weeks back.

I was busy today so didnt browse the forum much. I was going page by page until i reached page 13 and voila!!

Soggadu, my jersey desi bhai - are u current?

Congrats to all who are current!!

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Please also let us know how you guys are planning to celebrate the great news !!!!

You can travel to canada with a valid I-94 and or valid stamping.
Do not give the I-94 at the port of entry, this is called AVR(Automatic Visa Re validation), so when you head back within 30 days back to US , you show the same I-94 and probably get a new one with new I-797 if any by the US border officer.
Rule is you have to return within 30 days to use AVR. Good luck.

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Originally Posted by RRRRRR

Hi All,

Congratulations to all of you who got current and wish good luck to others.

My situation:
My priority date will be current from Nov 1 and I am in US and will be submitting my 485 application. My question is I need to travel to CANADA in first week of November by land and have a valid visa and I-94. My question is do you have any idea how travel affects the application considering that my I-94 will remain as i am leaving and entering by Land.

It will be great if you guys can share your thoughts on this. Thanks for your help.

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Originally Posted by grnwtg

wow, amazing...just heard the news...I am happy for all of our guys who are current.
My immediate thought was Nishant missed it, i felt very disgusting ( as some of you know, we have so many things incommon like when we got here when we bought home, when our parents visa's got rejected etc, i am having sentiment that i will get my EAD just after Nishant).
I was going through some of our older posts, i felt Q and guru's are reasonably correct with given data in calculating the forecast ( better than weather man).

we are getting good information on how to file and where to get certain information in this forum, that is what i like most - better than prediction.
Those who are current please pray for us who are not current.

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just received AP news alert that Steve Jobs has died. OH Boy! What a day today has been...

Thats an awefully sad news on an awesomely brilliant day.

What a great CEO and inventor he has been. Believe it or not in 1995 I evaluated NEXT operating system and Objective C language for him on behalf of IIT where I interned. Then also he was a great personality. But we never knew how much high he was going to soar. God bless his soul.

p.s. belmontboy - on a personal note congratulations on being current.

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Originally Posted by belmontboy

just received AP news alert that Steve Jobs has died. OH Boy! What a day today has been...

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Originally Posted by qesehmk

Thats an awefully sad news on an awesomely brilliant day.

What a great CEO and inventor he has been. Believe it or not in 1995 I evaluated NEXT operating system and Objective C language for him on behalf of IIT where I interned. Then also he was a great personality. But we never knew how much high he was going to soar. God bless his soul.

p.s. belmontboy - on a personal note congratulations on being current.

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Thank you qesehmk.
Today's happiness has been overshadowed by the sad news. Indeed, he was a great visionary and excellent CEO.

Monica behen

Those wishes mean a lot and in turn I too pray releif should be in sight for the others waiting down in the line. Many of the posters have mentioned that finally they will have a chance to visit their homeland and see their parents more often...really makes me emotional.Really really happy for all those who are current and in the near future really pray an legislative fix is enacted so that nobody has to jump through so many hoops and be separated from one's dear ones.

Also I hope you get your actual card soon.

I will be listening to "Noor E Khuda --Tu kahan chupa hai hame bata " tonight :) .

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Originally Posted by Monica12

Buddy... hang on ! Another month and you'll be in. Praying for you, Gcseeker and others :)

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Quote:

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Originally Posted by qesehmk

Thats an awefully sad news on an awesomely brilliant day.

What a great CEO and inventor he has been. Believe it or not in 1995 I evaluated NEXT operating system and Objective C language for him on behalf of IIT where I interned. Then also he was a great personality. But we never knew how much high he was going to soar. God bless his soul.

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Very sad indeed. It is very upsetting. Donno much about him as a person, but there is no comparison to what he has done for Apple and for the world of technology in general. Donno what to say. Very upsetting.

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Originally Posted by 10102007

Very sad indeed. It is very upsetting. Donno much about him as a person, but there is no comparison to what he has done for Apple and for the world of technology in general. Donno what to say. Very upsetting.

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Yes, very sad indeed. He was a great guy...he retired just 6 weeks ago. Hope he had a good life...RIP

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Originally Posted by 10102007

Very sad indeed. It is very upsetting. Donno much about him as a person, but there is no comparison to what he has done for Apple and for the world of technology in general. Donno what to say. Very upsetting.

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feel the same...very sad. R.I.P steve. We are all going to miss you.

how can you do this Steve .... Not getting words to describe my anguish... He was THE ICON....

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Originally Posted by soggadu

how can you do this Steve .... Not getting words to describe my anguish... He was THE ICON....

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Yeah ! bitter-sweet day today :):(
On a lighter note, glad to see you dancing again. Bet you are not going to sleep tonite :p he.. he..

I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEM...eature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).

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Originally Posted by Spectator

I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEM...eature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).

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Spec,
Very true, "Always look on the bright side of life...."

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Originally Posted by qriousjunta

You can travel to canada with a valid I-94 and or valid stamping.
Do not give the I-94 at the port of entry, this is called AVR(Automatic Visa Re validation), so when you head back within 30 days back to US , you show the same I-94 and probably get a new one with new I-797 if any by the US border officer.
Rule is you have to return within 30 days to use AVR. Good luck.

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Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.

Spec

While I checked out that song of yours, I found this one. You may like it. http://www.youtube.com/watch?v=V1bFr...feature=fvwrel

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Originally Posted by Spectator

I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEM...eature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).

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Originally Posted by RRRRRR

Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.

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You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

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Originally Posted by Monica12

You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

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Thanks Monica for the details and it makes sense to me, appreciate it.

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Originally Posted by RRRRRR

Thanks Monica for the details and it makes sense to me, appreciate it.

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Actually, I remember now why they say it's safer to wait for the receipt.... because just in case USCIS claims not to have received the I-485 for whatever reasons...one can get into trouble. That's all ! If you have it in your hand,it's proof that you were in US when you filed the I-485.
So, I think it's going to be your call and decide accordingly.

Hi,

Thanks to everyone for this valuable discussions, and congrats to everyone who are going to be current in Nov. My PD is 30-Jul-2007, so I will be current in Nov. I have already filed my I-485 in July 2007. So my question is , does anyone has any idea how much time it takes to get the GC once the PD is current, as I am planning to go to india in end of Nov, and will have to get the visa stamped(no AP)

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Originally Posted by qesehmk

Spec

While I checked out that song of yours, I found this one. You may like it. http://www.youtube.com/watch?v=V1bFr...feature=fvwrel

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Q,

I did enjoy it. Interesting video.

Some songs are - well just cheery.

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Originally Posted by RRRRRR

Hi qriousjunta,

Thanks for your response, I have been to CANADA before and used AVR, My only concern was since i am getting current on November 1 and my application will most probably be submitted sometime during first week of Nov then does it really matters if i go to CANADA in the following week

Since the things are so close so I thought getting tips from you all. I guess it should not matter but not sure if people who have submitted 485 in 2007 or recently had a similar situation and might have traveled out of USA, They might be able to provide some insight on this.

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Quote:

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Originally Posted by Monica12

You have to be in US when you submit your I-485. After that you can travel...this is my understanding. Some people recommend waiting for the receipt of I-485, just in case they ask at POE. In my many travels outside US so far , no one has ever asked for it, so I don't think it matters. Again please confirm this before you travel.... but this is my understanding.

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Quote:

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Originally Posted by Monica12

Actually, I remember now why they say it's safer to wait for the receipt.... because just in case USCIS claims not to have received the I-485 for whatever reasons...one can get into trouble. That's all ! If you have it in your hand,it's proof that you were in US when you filed the I-485. So, I think it's going to be your call and decide accordingly.

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You must physically be present in US when your AOS application reaches USCIS, you can travel on valid H/L status after that. The requirement for receipt at POE for those travelling on valid H/L status was removed in 2007.
Please check Federal Register Volume 72 Number 211 for additional information.

Q and other gurus,

I know you've been asked this question a number of times. But my pd is July 2008 and although I know there is slim chance of it becoming current until next year, I wanted to know your thoughts. It is getting difficult with each passing day at work and I have another offer in hand. I am not sure whether to take the risk or hang on a bit longer.

Thnx

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Originally Posted by veni001

You must physically be present in US when your AOS application reaches USCIS, you can travel on valid H/L status after that. The requirement for receipt at POE for those travelling on valid H/L status was removed in 2007.
Please check Federal Register Volume 72 Number 211 for additional information.

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Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again

Tex

Your is even longer shot for approval in 2012. But filing 485 may happen this year.

Just my personal opinion - I will take the other offer in your case if my current job may be at risk sometime in near future.

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Originally Posted by TheTexan

Q and other gurus,

I know you've been asked this question a number of times. But my pd is July 2008 and although I know there is slim chance of it becoming current until next year, I wanted to know your thoughts. It is getting difficult with each passing day at work and I have another offer in hand. I am not sure whether to take the risk or hang on a bit longer.

Thnx

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It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?


Thnx again

6 months after 485 filing you can switch andretain the same application.

Anytime before that means you have to restart GC process. That's your decision factor.

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Originally Posted by TheTexan

It is not at risk but I want a change. I am not expecting to be greened by next year but want to be able to file 485 (for EAD) My dilemma is should I move before 485 or should I wait?


Thnx again

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Originally Posted by RRRRRR

Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again

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According to the document Veni posted, if one has a valid visa (H1,H4,L1,L2), then the receipt is not needed and just the visa is enough to enter POE. If one had an AP, then a receipt might be asked for.... but I have always travelled on AP and have never been asked for the I-485 receipt.

But like I said, just in case USCIS claims that they didn't receive your 1-485 for whatever reasons...and you dont have the receipt as proof, one is in serious trouble as that would mean that one was not physically present in US when they filed the I-485 . The receipt basically covers all bases. It's proof that you did file i-485 while being physically present in US

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Originally Posted by Monica12

According to the document Veni posted, if one has a valid visa (H1,H4,L1,L2), then the receipt is not needed and just the visa is enough to enter POE. If one had an AP, then a receipt might be asked for.... but I have always travelled on AP and have never been asked for the I-485 receipt.

But like I said, just in case USCIS claims that they didn't receive your 1-485 for whatever reasons...and you dont have the receipt as proof, one is in serious trouble as that would mean that one was not physically present in US when they filed the I-485 . The receipt basically covers all bases. It's proof that you did file i-485 while being physically present in US

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Hi Monica,

Makes sense, thanks for the detailed insight and for your time.

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Originally Posted by qesehmk

As long as you have EAD or H1 you can join anytime. Or you can join after obtaining GC.

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Thanks Q. I am on another company's H1 at present, not on/with GC sponsoring company's. Given that I should wait for EAD at minimum. Am I correct in my understanding?

U can always transfer H1 to a new company. Or even have hiring company sponsor a new H1. In this economy there probably is some H1 quota left. (oh wait the quota just started so there must be plenty left!)

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Originally Posted by UkayDkay

Thanks Q. I am on another company's H1 at present, not on/with GC sponsoring company's. Given that I should wait for EAD at minimum. Am I correct in my understanding?

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