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It's likely you have applied too early. You can apply no earlier than 120 days from the expiry. They were lenient with the EAD since it is important for you to work, but AP was denied.Quote:
Originally Posted by Moveon
Or it could just be that you made a mistake on the AP form and needs correction. Do you keep copies of your filled application before mailing them? You should do that. If you do, please check them--or just wait for the letter from the CIS.
This is straightforward - if you travel out of country when AP renewal is pending, then the AP application is denied. Its a stupid but well documented rule. Simple Googling will give you many examples, lawyer posts etc. Its a non-issue though - you can reapply just for AP and make sure to not travel outside the country while the renewal is pending.Quote:
Originally Posted by Moveon
But they were presumably traveling on an approved AP that hadn't expired. They are allowed to renew before the expiration---but it looks as if they have applied way too early.Quote:
Originally Posted by imdeng
Visa Bulletin of Sept'18 looks cooked up and very fishy. Look at the horizantal sequence.
EB2 for all countries, except india is 01-JAN-13
EB3 for all countries, except india and china is 01-NOV-16
Did India EB-2 retrogress to Jan 2007?!! Does that mean, India EB-2 hasn't fully cleared 2007 and 2008? This makes no sense to me.Quote:
Originally Posted by altek001
Or do they expect many EB3s in 2007 and 2008 will port to EB2?
No - this is well documented - if you travel while the AP renewal is pending, then the renewal application is considered abandoned and hence rejected. The validity of current AP is not consequential.Quote:
Originally Posted by nbk1976
https://www.cilawgroup.com/news/2017...tional-travel/
This is correct statement. I have been on EAD/AP for close to 5 years now. Every time we file EAD/AP, our attorney strongly suggests us not to travel till we get the AP approval (even if the existing AP is valid). Also every time we apply 6 months in advance, except for this time. We applied in March (September was the expiry date), and while EAD application was accepted, the AP application was not accepted and Attorney has to file it independently in May. We got AP first in June and EAD later in end of July.Quote:
Originally Posted by imdeng
For the benefit of all people, could you elaborate on why AP was not accepted (i.e., receipt notice not issued for I-131)?Quote:
Originally Posted by incredible
Item 3d of I-131 instruction says
So they will reject all pending I-131 if you travel outside while your application is pending approval.Quote:
If you depart from the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned.
Thanks a lot imdeng. Appreciate your response.Quote:
Originally Posted by imdeng
AP was not accepted because it was 6 months prior to the expiry of the existing AP. AP can only be extended when it is 4 months due before expiration. This was always the case, but was not strictly followed in the past. Earlier (prior to this year), we used to file EAD/AP together 6 months prior to the expiry and always was approved. But nowadays USCIS is very strict on following the 6 months prior for EAD and 4 months prior for AP (prior to expiration dates).Quote:
Originally Posted by idliman
Not accepted in the sense, no receipt notice is issued and the application was returned back. Here is the note from our Attorney on this
"Unfortunately, USCIS has returned the I-131 travel applications. I cannot resubmit those until within 120 days of expiration date of current travel document.
USCIS will normally accept the work and travel together, keeping them together, even though the difference of 180 days out filing I-765; 120 days out filing I-131. No issues, better to keep them as a set.
However, not for yours this time. USCIS is sticking to their timeline, without allowing the early filing to keep it connected with the work application".
The only dis-advantage I see with this is, while EAD was approved for 2 years (till 2020), the AP was only approved for one year and we need to file it again next year.
Unfortunately, that also means that every year there's a window where you cannot travel out of the country. Every "inconvenience" is just piling on the misery.Quote:
Originally Posted by incredible
BTW, I filed my EAD and AP without considering the differing timeline and as of now the applications have been accepted 180-days prior. Hoping they will both be approved.
This is probably true but largely depends on the whims of the person handling your case. My wife and I applied for EAD/AP extension at the same time. She got the combo card valid for two years, but I got the EAD for two years and a separate AP approval for one year on paper. More and more people are just getting one year extensions on AP.
Quote:
Originally Posted by incredible
I absolutely agree, it all depends on the person who reviews the documents. Now I need to file again in Feb of 2019 a new AP.Quote:
Originally Posted by vyruss
HR392 finally gets some Media Attention.
http://dailycaller.com/2018/08/13/ir...rican-twitter/
https://nypost.com/2018/08/14/irania...trolls-online/
incredible: Thanks for your detailed Response.
Use the "Ask Emma" tool in USCIS website.
Q: How early can I apply for renewal of EAD Combo card ?
Emma: To renew a work authorization and advance parole combo card, you must file the Application for Employment Authorization, Form I-765, and Application for Travel Document, Form I-131, concurrently, and at least 180 days before the combo card is due to expire. For additional information on how to renew your combo EAD/AP card please access the links provided. View Page
Emma Sends you to the following page:
https://www.uscis.gov/forms/filing-d...cation-pending
The verbiage in that page is
I-765 already states 180 days. However the wording is "use I-765 filing location instructions". Again ambiguous. Why can't they just say "use Form I-765 filing location and instructions."Quote:
If Form I-485 has already been filed and Forms I-765 and I-131 are being filed together, use Form I-765 filing location instructions.
This morning we received 2 emails from DHS case status website stating that "We have taken an action your case". when i logged in to check the website for my cases, it's RFE on mine and wife's I-485. Our priority date is 03/02/2010 and it's surprising that we received an RFE when dates are retrogressed in Sep VB. This is our first RFE after filing I-485s in 2012 at NSC, Never changed jobs after filing I-485. Not sure if it's for medical report and supplement J.
No updates on regular USCIS case status website, it still says "Fingerprint Fee Was Received".
bluelabel: I am in the last week of Nov 2009 and have not received RFE (yet?). Some people after 15MAR2009 have received a RFE. I am trying to figure out if there is any real reason behind these RFE's. In my opinion at the most EB2I will probably reach Sep 2009 in one year (by OCT2019). I don't understand late 2009 and early 2010 EB2I's getting RFE's.
We got the letter for the AP denial . Says that it was denied due to travel during the renewal period. If APs need to be renewed every year , then you cannot travel for 4-5 months a year. Very unfortunate especially if you have a family emergency.
I am trying to understand this better. IMO you still can travel in an emergency, only thing is that you need to file for AP again after you come back (if AP is denied). Now if there is a "second" emergency, your prior AP might have expired, and you cannot travel until second AP is approved. Is my understanding correct ?Quote:
Originally Posted by Moveon
Just out of curiosity, what happens if a 485 is filed and if we travel without a valid AP (expired or not having an approved one)?Quote:
Originally Posted by newyorker123
@srimurthy, I am guessing if you are using your EAD status to work, and you don't have a valid AP, you might not be allowed to enter US. Its a pure guess. Am I correct, anyone?
I believe USCIS considers the I485 to be abandoned and without a valid AP you cannot re-enter the US. You can travel without issues if you have another valid visa status though (H1/H4 etc) and the I485 will not be abandoned.Quote:
Originally Posted by srimurthy
[As always, please check with an attorney. The above is only my opinion.]
This is correct. This will create issue in I485 itself as it would be deemed abandoned.Quote:
Originally Posted by tenyearsgone
Oppenheimer on October 2018 VB : https://www.murthy.com/2018/08/15/se...ions-for-fy19/
Thanks for the info, so correct me if my understanding is right that we have to keep renewing AP even if we don't travel until the GC is approved.Quote:
Originally Posted by incredible
WOW! EB1! The rest is not shocking.Quote:
Originally Posted by newyorker123
Using the flawed data in 485 report, seems like EB2I will reach Sept/Oct 2009 with some spillover in this FY. With no spillover it would languish in Jun/Jul range. The real pending inventory no one knows for sure since the reports for last 1 yr has been all over the place. This is assuming no to minimal porting from EB3I.
I believe so. It is anyway good to have an approved AP (we do not know when the need for travel arises).Quote:
Originally Posted by srimurthy
Iranians seem to be opposing HR392 the most. How many EB GCs did they take in the last 3 years? Can someone please post the links to the annual visa issuance stats?
The details are available in the Statistical year book published annually by the DHS. The last available publication is for FY 2016 and table 10 gives the breakdown belowQuote:
Originally Posted by EB3Iwaiting
https://www.dhs.gov/immigration-stat...k/2016/table10
A better source would be the DOS Visa Statistics, especially as they are in charge of visa issuance.Quote:
Originally Posted by gs1968
At least they've managed to publish FY2017 figures.
https://travel.state.gov/content/tra...tatistics.html
Table V is the one you want.
Thanks Spec. I got a little lazy and posted the question before searching for it myself and then found it 3 mins later. It is interesting that they are crying "diversity" when they use less EB GCs and more DV GCs, the quota specifically created just to "promote diversity". It is unfortunate that folks are so used to getting GCs within 2 years that they do not even want to wait 5 years while Indians will literally die before getting one. Guess nothing wrong in looking out for themselves. But the numbers tell the story.Quote:
Originally Posted by Spectator
To those who consistently post in this thread, content that should be in the Bills, Rules & Politics thread.
Fair warning, I will no longer move it - it will be deleted.
There has been a massive slowdown in SO in FY 2015 and literally no SO in 2016 and 2017 and miniscule SO in 2018, which has kept the inventory levels literally unchanged in last 3 FY for EB2I. Can we expect some SO in this FY?
From what I was told, when you get your GC you can do whatever you like: work for any employer or not work at all!Quote:
Originally Posted by newsletter1978
But if your GC was employment-based, and you were sponsored for a teaching job at a school, for example, and right after you got your green card, you changed your career dramatically and took up a high-paying job in a totally unrelated industry, the government might question you on whether the teacher job was just a ruse. They do random audits on recently issued GCs. It might also come up if you apply for citizenship.
Theoretically, you are free to do whatever you want with a GC, but to be safe, at least for the first 2 years, stay within the same industry, job, and pay-scale.
EB2I applications are still getting approved. A friend of mine with PD 10MAR09 got approved 2 days back. This shows the dates have not retrogressed internally. We have to wait for the pending inventory report and see. Recent EB3I applicants will not show up there. The only chance is for EB3I to move 6 months ahead of EB2I. This will stop porting and hopefully some downgrades. It looks like CO is trying his best to prevent EB3I from overtaking EB2I.Quote:
Originally Posted by LASHAB
I believe 2 years is a bit too much. I have heard at most of staying ~6 months in a similar job, after getting GC.Quote:
Originally Posted by nbk1976
To my knowledge, there is no law or explicit requirement that states you MUST stay in a job X number of days. So for the USCIS to catch you for jumping ship will be tough to stand in a court of law.
Besides EB-I folks have been waiting for 9 years in most cases by now ... it would be ridiculous to expect people not to jump ship.
Finally - jumping ship only helps economy because only good people jump ship and so that means there is another employer who needs you more than the current one which is a good thing for economy. And hence it would be stupid for USCIS to start suing people for jumping ships.
So for what it's worth - don't hold your career back. Go ahead.
Quote:
Originally Posted by newsletter1978
My PD is EB 2 May 22,2009. If EB3 moves past my date, I'll switch to EB3 right away. Not sure how many days it takes to downgrade, anyone here has any idea ? Looks like to get past May 22,2009 in EB2 will take another 2 to 3 years.Quote:
Originally Posted by idliman
Has anyone that got approved in this month get their cards yet? I am hearing that I/O's are telling candidates who go for interviews that they have been approved, but have to wait for visa numbers to be available.Quote:
Originally Posted by idliman