astral1977
07-09 11:21 AM
smartboy75,
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
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 ???
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
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 ???
sh2005
08-13 11:24 AM
From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.
That's it!
It makes predicting when our applicatios will be done a little harder :)
vinabath
05-15 01:04 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
more money to spend for I-140 and PP
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
gccube
04-21 03:19 PM
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
last summer. The only two LUDs I have noticed on my I-485 are
1. 8/22/2007 :: This is after my FP
2. 04/21/2008 (Today) :: This is after my I-485 is approved.
I have not noticed an LUD even late last night.
Interestingly, the TSC processing dates have moved to June 29 2007 in the newly released processing times and my RD (06/21/2007) fall with in this period. So my approval could be a result of the progressed processing dates for this month.
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
last summer. The only two LUDs I have noticed on my I-485 are
1. 8/22/2007 :: This is after my FP
2. 04/21/2008 (Today) :: This is after my I-485 is approved.
I have not noticed an LUD even late last night.
Interestingly, the TSC processing dates have moved to June 29 2007 in the newly released processing times and my RD (06/21/2007) fall with in this period. So my approval could be a result of the progressed processing dates for this month.
more...
pd_recapturing
08-22 05:07 PM
I sent u another PM, pls respond whenever u get a chance.
JeffDG
01-27 07:09 AM
This bill is probably stuck in some committee and will not see the light!
Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?
The bill in question specifically allocates the 55,000 visas from the DV Lottery to EB visas.
Everyone here is talking about the DV if eliminated would benefit the EB, does the FB have a say in it?
The bill in question specifically allocates the 55,000 visas from the DV Lottery to EB visas.
more...
abhijitp
11-16 06:44 PM
I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
SivaMayam
07-17 07:35 PM
Dear Nachi,
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
more...
GCFISH
11-29 02:59 PM
1. Canadian Consulate General (payable to)
2. You can pay in both currencies (USD and CAD)
3. Yes, Buffalo
2. You can pay in both currencies (USD and CAD)
3. Yes, Buffalo
puskeygadha
05-22 11:42 AM
After labor is approved do we need hardcopy of labor to file
I140 and 1485..OR ELECTRONIC RECEIT WILL DO
tHANKS
I140 and 1485..OR ELECTRONIC RECEIT WILL DO
tHANKS
more...
belmontboy
01-20 01:27 PM
1. Ravi Venkatesh
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
Adding to the elite list:
7. Ding Dong
8. Ping Ping
9. Sing Sing
10. <unknown firstname> EB3GCWalla
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
Adding to the elite list:
7. Ding Dong
8. Ping Ping
9. Sing Sing
10. <unknown firstname> EB3GCWalla
kumargn
11-15 08:24 PM
I just noticed that the dates in Chennai are not available for returning H1's. What should i do ??Can i book in any consulate ..
more...
regacct
11-12 11:03 AM
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
Find answers to your questions Sect 15: Converting categories/statuses
Find answers to your questions Sect 15: Converting categories/statuses
nda050325
07-16 06:27 PM
I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.
Can you provide more details on the RFE ?
Can you provide more details on the RFE ?
more...
bskrishna
08-03 12:16 PM
what to you mean by 485 fingerprinting?
Is it just getting it done or any other issue relating to this...
Is it just getting it done or any other issue relating to this...
gapala
04-22 02:53 PM
Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.
I agree with the other post, you probably might be better in India in this economy.
Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.
To answer your question, you chances for 2010 H1B is extremely low.
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
I agree with the other post, you probably might be better in India in this economy.
Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.
To answer your question, you chances for 2010 H1B is extremely low.
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
more...
Humhongekamyab
11-10 03:04 PM
By volunteering she is taking away a job of a US worker so the answer is no.
probe
05-27 02:59 PM
Applied (E-filed) on 4/19/2010 LUD on 4/26/2010 received receipt notice in a week.So far no finger print notice . I did received finger print twice in the past when I applied for EAD even though they took finger prints for I-485.
I heard that finger prints obtained at port of entry will be good for other immigration related applications.
I heard that finger prints obtained at port of entry will be good for other immigration related applications.
trramesh
11-11 09:51 PM
/\/\
snaidu
06-28 03:46 PM
I checked Rajiv Khanna's site , there is no memo to that effect.
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
Also , I am a client of their law firm and they didnt send/email any memo to this effect.
Could you please post the link?
Thanks
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
amitjoey
01-26 11:18 AM
Congrajulations! to all the toppers.
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