LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
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gunabcd
07-02 09:52 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
ajaz
04-11 02:07 PM
entered in h4 , after job switched to EAD. What is the Current immigration Status to file EAD reneval..
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ash0210
09-08 08:01 PM
Interesting thread but NO Radio Button to vote...
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
more...
martinvisalaw
07-30 01:02 PM
Hi,
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
You need a new AP to return to the US after 10/17. CBP usually puts one year on the I-94 for parolees, but that doesn't mean they extended your AP.
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
You need a new AP to return to the US after 10/17. CBP usually puts one year on the I-94 for parolees, but that doesn't mean they extended your AP.
ossidon
08-21 09:17 AM
My Details
EB2 - I
My priority date Dec 2004
I140 approved in May 07
I485 filed at NSC-2nd July 2007, RD 2nd July 07, ND 8 Aug 07
I140 LUD on 7/13/2008
Background Check Cleared : Source Infopass. SR Filed and IO mentioned in the Infopass on 8/8/08 that my file was being touched as recently as 8/7/08 but hasnt reached the Adjudicator.
Still waiting.................Am lost on what to do and whom to contact?
EB2 - I
My priority date Dec 2004
I140 approved in May 07
I485 filed at NSC-2nd July 2007, RD 2nd July 07, ND 8 Aug 07
I140 LUD on 7/13/2008
Background Check Cleared : Source Infopass. SR Filed and IO mentioned in the Infopass on 8/8/08 that my file was being touched as recently as 8/7/08 but hasnt reached the Adjudicator.
Still waiting.................Am lost on what to do and whom to contact?
more...
frostrated
07-09 01:26 PM
Dear Mr. ------:
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
Thank you for contacting me about immigration reform. The need to fix our broken system is clear, and I appreciate having the benefit of your insight on one of the most important issues of our day.
Immigration reform must ultimately be about improving our system for legal immigration, not about creating new benefits for illegal aliens. Although we are a proud nation of immigrants, we are also a nation of laws. If policymakers will agree that all immigrants must abide by the rule of law, then we can reach a consensus on ways to improve the legal process so that it meets the needs of our society, our economy, and our national security.
During the 110th Congress, the Senate considered comprehensive immigration reform legislation (S. 1639). I had serious concerns that the legislation, as drafted, would have repeated the well documented mistakes of the 1986 amnesty bill. Furthermore, Senators were not allowed the full opportunity to offer amendments to this flawed legislation, and as such, I was one of 53 Senators who voted against the cloture motion to bring S. 1639 to a vote.
I have been working throughout my time in the Senate to develop a solution to this problem that I believe will work. I encourage you to visit my website at http://www.cornyn.senate.gov/immigration for more information regarding the immigration reforms I support. As we consider immigration reform proposals in the future, I will continue to promote these policies, but I will oppose any bill that rewards illegal conduct and encourages further disrespect for our laws.
I appreciate the opportunity to represent the interests of Texans in the United States Senate. Thank you for taking the time to contact me.
Sincerely,
JOHN CORNYN
United States Senator
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
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fatjoe
10-25 03:25 PM
My Rec #'s not avilable online also. I called USCIS and I was told that Rec #'s are always not available, and may not be available at all on-line.
more...
coopheal
11-07 06:51 AM
Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.
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bluekayal
11-02 11:23 AM
Ellen D. Krengel
Practice Limited to Immigration & Nationality Law
3301 El Camino Real, Suite 220
Atherton, CA 94027
phone:650-363-2363
fax: 650-363-2373
email: eKrengel@yahoo.com
Practice Limited to Immigration & Nationality Law
3301 El Camino Real, Suite 220
Atherton, CA 94027
phone:650-363-2363
fax: 650-363-2373
email: eKrengel@yahoo.com
more...
snthampi
11-18 08:27 PM
You need to provide a delivery address where blue-dart delivers. It will let you move forward once you update the address. I can vaguely remember that there is a link to edit the delivery (courier) address.
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hotshots
06-04 10:37 AM
From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
Unreasonable H-1 requests from CIS
USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:
Quote:
Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.
As with most things dished out by USCIS, we are dealing with it.
more...
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ilseggs
09-04 03:09 PM
I have just finished my first year @ UCLA and I had absolutely no financial aid because I did not know anything about my status and when I read on fafsa about "parole" I thought it was a completely different category under which I was ineligible. My i-485 has been pending for 3 years now, with no sign of going anywhere yet :*(This year, I did not apply for FAFSA and I was forced to leave my amazing school and head to community college. I had searched and searched everywhere for information and I really did finally give up and thought to myself, " I guess I cannot receive any financial and am going to have to wait for my green card in community college."
I just wanted to say thank you thank you thank you!! From the bottom of my heart, I am sooo grateful to have found this site seredipitously!!!!!
I just pulled up the advance parole application and will complete it ASAP~!!!!!!!
I feel like the greatest burden has been lifted from my shoulder!
Again, THANK YOU!
edit: I know this thread is a little past, but I was wondering if anyone could tell me; does this mean I have to travel out of the country to get my I-94 stamped?
I just wanted to say thank you thank you thank you!! From the bottom of my heart, I am sooo grateful to have found this site seredipitously!!!!!
I just pulled up the advance parole application and will complete it ASAP~!!!!!!!
I feel like the greatest burden has been lifted from my shoulder!
Again, THANK YOU!
edit: I know this thread is a little past, but I was wondering if anyone could tell me; does this mean I have to travel out of the country to get my I-94 stamped?
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ohguy
02-12 10:06 PM
Yesterday I got emails that both me and my wife's 485 were transferred to TSC from NSC although I am staying in Ohio which comes under NSC. It could be the load balancing I think. I hope it's good cos TSC is much faster to process 485 applications. Mine is EB2 March 2006.
more...
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k94
11-17 09:31 AM
This isn't really answering any questions, but I've asked my company's lawyer to look into the benefits (and/or disadvantages) of making the switch frm TR (non-RIR) to RIR. Since this notice was only made recently by the DOL (in the Federal Register on October 6, 2006), I would imagine that it will take some time for lawyers, etc to figure out all the implications. As soon as I get any information, I will definitely post it.
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engineer
07-16 07:14 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
more...
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mheggade
01-24 12:58 PM
Maybe your lawyer should jump into the well or go back to school ;)
Very funny, I agree with you.
Very funny, I agree with you.
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ujjwal_p
06-05 11:23 PM
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.
Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.
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hope49
07-08 06:45 PM
Hi,
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
coopheal
11-07 06:51 AM
Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.
rick_rajvanshi
08-19 09:39 PM
Thanks everyone for replies.
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?