desi3933
07-20 04:58 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.
Not knowing laws is not a valid excuse.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.
Not knowing laws is not a valid excuse.
vinodp1978
06-29 09:30 PM
Guys,
I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.
Also if PP for 140 goes away what is the typical time to process from NSC?
can anyone tell me if i am reading the laws right?? any other options?
Thanks.
I am in a situation where if i dont file I-140 by PP i will not be eligible for H1b extension. My Labor date is april 27,2007 and my 6th year H1b expiration date is Feb 2,2008..so the 365 days rule wont work. The only way i can be in this country is if my 140/485 gets accepted and i get EAD or PP for 140 gets reinstated for me to extend.
Also if PP for 140 goes away what is the typical time to process from NSC?
can anyone tell me if i am reading the laws right?? any other options?
Thanks.
Kodi
05-02 09:47 AM
I entered with 2 months to spare and they didn't even question. And I was on my 6th year.
purgan
08-15 03:17 PM
congrats grupak. enjoy the freedom
Thanks for your contributions to IV.
Thanks for your contributions to IV.
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wandmaker
10-23 01:16 PM
Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
1. Cancel your one-way ticket and get a two way ticket with future date
2. Get another one-way return ticket.
Work out a cost difference and decide! for sure, you need to furnish a proof at the port of entry that you will be returning to home country, one of the proofs would be your return ticket.
1. Cancel your one-way ticket and get a two way ticket with future date
2. Get another one-way return ticket.
Work out a cost difference and decide! for sure, you need to furnish a proof at the port of entry that you will be returning to home country, one of the proofs would be your return ticket.
h1b_tristate
07-27 11:22 PM
^
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lazycis
02-06 05:24 PM
Such agreement is not against the law. GC is for your benefit, not employer's.
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?
arnab221
06-22 04:46 AM
I fail to understand one fundamental statement "We do not have numbers for CIR THIS YEAR" . If they do not have the numbers this year , how will they have magically have numbers the next year and year after that and what hope are the 12 million illegals and 1 million legals sitting on ?
1) The people will not change , not will their opinions over the next 1 year .
2) The Hispanics will not flood into their constituencies in 1 years or even in 5 years and make them change their opinions .
3) What has economy , Iran or energy or healthcare got to do with immigration reform ?
3a) Are they are saying they are so busy is solving these issues that they do not have the time for CIR ? I can at least buy this "No time" logic .
3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .
1) The people will not change , not will their opinions over the next 1 year .
2) The Hispanics will not flood into their constituencies in 1 years or even in 5 years and make them change their opinions .
3) What has economy , Iran or energy or healthcare got to do with immigration reform ?
3a) Are they are saying they are so busy is solving these issues that they do not have the time for CIR ? I can at least buy this "No time" logic .
3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .
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desi3933
06-21 10:30 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
gc_kaavaali
08-03 10:24 PM
Yes...i am july 2nd filer...still waiting. PD March 2005
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GKBest
08-03 08:25 PM
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?
From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?
reddog
04-17 12:00 PM
My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.
You can renew your passport 1 year in advance and for less than 6 months after expiry.
The processing time depends on the consulate you are applying to.
However, it usually takes under a month to get it processed. Most consulate offices do have the tatkal system, if you need it in a week.
http://www.cgisf.org/passport/ppts_npp.html
You can renew your passport 1 year in advance and for less than 6 months after expiry.
The processing time depends on the consulate you are applying to.
However, it usually takes under a month to get it processed. Most consulate offices do have the tatkal system, if you need it in a week.
http://www.cgisf.org/passport/ppts_npp.html
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sundar99
05-01 01:39 PM
Does - Emergency Appoinment include - people already working in US ? are you sure ?
kiran_k02
12-05 05:20 PM
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.
I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.
I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.
My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.
Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.
Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.
I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.
I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.
My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.
Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.
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Marphad
03-26 06:01 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
Can this create an issue while IO is working on my 485 application?
heywhat
08-03 06:47 PM
Talk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...
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minimalist
04-12 10:40 PM
Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?
No need for passport front page.
No need for passport front page.
lp2007
11-01 05:31 PM
I think she should not have any problem with her future visits.
My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.
One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.
USCIS takes between 6 weeks to <nn> weeks to process the request.
One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.
I hope this helps.
My mother visits every year and spends 6 months with us since the last 6 yrs and never had an issue. She extended her stay one time.
One of my friends mother was given a 3 month stamp one yr during b'coz she had extended her previous visit and stayed 3 months already in the same year. So the officer told her she could only stay for 6 months in any given yr, but later she extended and stayed longer and has visited US 2 times after that without any issues.
USCIS takes between 6 weeks to <nn> weeks to process the request.
One important thing you want to take care is, U need to send original i-94 card while requesting extension of stay and when u leave i-94 has to be returned at the airport. If your mom-in-law leaves before the application is approved, you want to be sure to save the extention documnets and mail the i-94 card back. And make sure to carry the extension approvals next time she travels so there is no confusion about unauthorized over stay. This happened with my mom. We received her approval after she had already left. So I mailed her approval to her prior to her next visit and she was fine.
I hope this helps.
jnraajan
03-29 04:07 PM
When I applied in June 07, I had the same issue. They approved it on July 3rd, when according to the revised bulleting, the numbers should have been unavailable. (Remember the Fiasco anyone). I guess they decided to use the old bulletin to give me 1 year extension and then the new bulletin to say, I cannot file for AOS. Nice going..
bharol
07-04 06:08 AM
Hi,
I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.
I found that in California, where I live, it is legal for non-citizens to own a gun.
I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.
I found that in California, where I live, it is legal for non-citizens to own a gun.
kshitijnt
07-03 03:44 PM
agree with amsgc regarding H1 "transfer"
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
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