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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SFSweta
08-22 03:26 PM
Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!
InTheMoment
04-25 12:23 PM
Mail sent by CIS has a endorsment on their envelopes "Return Service Requested". USPS does NOT forward mail with such endorsements.
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
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lazycis
05-07 03:08 PM
since leaving the employer was not my intent but the employer`s decision
It gives you more protection in some cases (i.e. I-485 is pending less than 180 days). Overall, you should worry about finding new job more than this portability stuff. Whatever regulations they come up with will not have retroactive effect, AFAIK.
It gives you more protection in some cases (i.e. I-485 is pending less than 180 days). Overall, you should worry about finding new job more than this portability stuff. Whatever regulations they come up with will not have retroactive effect, AFAIK.
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tammman
10-15 04:50 PM
My wife has EAD but didnt use it yet and she is on L1 and her AP had an RFE today and she has ticket booked for INDIA on dec6th...if her AP doesnt get approved before she leaves can she travel ?
People were mentioned about it needs to approved before u come back to USA ?
Please suggest.
People were mentioned about it needs to approved before u come back to USA ?
Please suggest.
meridiani.planum
06-02 02:12 PM
I am just wondering if kaiserrose can get his wife an EAD as well - doesn't that make both on AOS-pending status?
that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)
that requires his wife to first file a I-485 for herself, and she can only do that once his PD is current (EB3 INdia is at 2001, he is at 2003 so thats not possible right now)
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Jaime
06-10 05:17 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
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smartboy75
07-09 01:59 PM
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
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syedajmal
09-20 08:28 PM
When I put in my application for a 7th year extension based on the fact that my labor was pending for more than a year, I did get a 3 year extension. My company lawyer applied again requesting a one year extension and I recently got it approved.
I believe the assumption from his side was that even though the labor was approved for 3 year it is upto us to get it corrected. Hope this helps. But I believe this would be a good question for one of those conference calls.
I believe the assumption from his side was that even though the labor was approved for 3 year it is upto us to get it corrected. Hope this helps. But I believe this would be a good question for one of those conference calls.
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gc2009gc
10-30 03:05 PM
I have future GC filed from Company X, the priority date is February 2006.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is
If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is
If I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
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GCVivek
04-28 06:08 PM
This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
Moral: those that returned home were not entrepreneurs!
Moral: those that returned home were not entrepreneurs!
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shana04
06-03 01:58 AM
My previous employer is not providing the document required in RFE in fact of format request.
Is there any way we can get the documents from previous employer (desi)
Thanks in advance
Is there any way we can get the documents from previous employer (desi)
Thanks in advance
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lskreddy
07-14 08:38 PM
My wife and I are from Austin. I have a few friends that are in Dallas that will be more than willing to participate in any organized activity...
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permfiling
01-18 01:35 PM
Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements
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smmakani
05-14 07:20 PM
Thanks IV Core. We are all with you.
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anilsal
08-06 12:45 AM
First they need to cope with the scores of petetions, USCIS and FBI.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
For how long will they work overtime to resolve this mess? such bouts as the one we saw in the last two weeks of june are short and few. If they are smart they will flush out the approvable cases early without going thru the EAD cycles year after year.
This is exactly opposite to what they have been doing. If there were 60k approvable cases, i wonder what they were doing all this time. Approving those cases earlier wud have allowed others to get in the system earlier.
Additional VISA numbers may not help anybody, if they don't use them properly
Hopefully things will get better from now onwards?? ;) Maybe the july VB being current was a sign that things in the future will be bright. We can just hope, be positive and support IV in its efforts. :)
Now that IV is 22K members strong. Just imagine how much of a difference we all can make. :) Great journey within 2 years.
more...
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Appu
11-16 02:09 PM
Don't worry about processing dates..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
Some tables (e.g., Nebraska, I-140 NIW) show retrogression of processing times. from 6 months to 15 months.
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vicks_don
11-15 12:30 PM
1. I hold an Indian passport
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
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h1techSlave
09-27 09:59 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
kshitijnt
07-17 01:00 PM
I am confused with regards to AOS Vs. CP and which one to choose.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
txh1b
08-18 05:11 PM
If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.
Totally wrong. If the H1b was a COS, there has been a status violation by all means!
Totally wrong. If the H1b was a COS, there has been a status violation by all means!
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