smartboy75
07-09 11:00 AM
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
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kpsm88
11-15 04:46 PM
ksahmed,
Can you tell me if the AP was received by your attorney today or by you directly..
Can you tell me if the AP was received by your attorney today or by you directly..
pappu
12-01 03:40 PM
I am not sure about the exact Business Analyst vs Programmer Analyst functions, but from my own experience, just make sure that your lawyer makes your job description very broad. It will help you not just in your process with the existing company but also if you were to change the job after 485.
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desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
more...
sayantan76
04-21 02:15 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
ca_immigrant
05-10 11:40 AM
I use SBI and it is good. My Vote is for SBI .
SBI - Global Link Services (http://remit.onlinesbi.com/)
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
SBI - Global Link Services (http://remit.onlinesbi.com/)
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
more...
inspectorfox
11-04 07:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
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superdude
07-17 10:41 PM
you are OK
more...
gcsucks
06-01 02:28 PM
But I dont think this allows for filing for 485 without visa numbers for people with no Masters/PHD from US ?I am not sure but the SKIL bill may be one such initiative. Check out
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
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rajbgp2002
12-22 05:56 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
more...
obviously
08-04 11:05 AM
Hi, can someone help crack this puzzle?
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.
In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.
The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.
The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.
Now, he just called saying he is confused and not sure!
His views:
- There is no formal way to find out if the new I-140 was matched up with the old I-485.
- He says he will ask his peers and will also call USCIS Customer Service.
- He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.
Appreciate any inputs!
Cheers!
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srarao
07-19 02:30 PM
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
more...
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arihant
10-26 10:43 AM
last year i applied for H1 transfer in the midweek of Oct-05 and got the approval on mid week of Feb-06. :cool:
Thanks Masti for your response.
Anybody else have any experiences from this year?
Thanks.
Thanks Masti for your response.
Anybody else have any experiences from this year?
Thanks.
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rocky74
07-20 10:32 AM
I applied for my labor in July (Chicago) and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.
more...
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Madhuri
02-25 11:11 AM
You can get EAD and AP when you apply for I 485. After you get EAD you can apply for SSN. Looks like you and your mom have not yet applied for I-485. If that's the case, then unfortunately you won't be eligible for FAFSA as per my knowledge. I may be wrong.
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justAnotherFile
07-11 10:16 PM
what makes sense?
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
it has been known for a month now that approx 60K visas would go to waste if USCIS does not spped up approvals.
more...
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Ramba
12-22 07:13 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.
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rsayed
02-02 09:37 AM
Best Wishes for a fabulous future! Congratulations!
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pkv
01-08 10:38 AM
This might be a simple stupid question,
Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.
I used standard 2x2. Its mentioned at their website too.
Can you please update, if you used a standard 2*2 passport taken here in the applicaiton form or got one 3.5 cm * 3.5 cm as put in the passport form. If yes, where did you took one. The standard size Passport Photo appears to be a little bigger than the one specified in the Passport application.
I used standard 2x2. Its mentioned at their website too.
leoindiano
07-09 01:38 PM
I submitted for PP on June 19th, status never got updated ; lawyer received approval copy on july 5th
even now?
Thats strange.....
even now?
Thats strange.....
stemcell
09-27 12:18 PM
Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
Appreciate your advise of caution, will definitely keep that in mind.
Thanks!
Any tips as to how you pick a stock would be welcome.
Mostly for day trading do you do any technical analysis or is it mostly intuition?
BTW you can day trade, it should not matter your H1B status as some one else duly pointed out.
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