addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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snathan
02-09 09:03 PM
Rather than dreaming and wasting your time by predicting the future visa bulletin...
Please contribute
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
Please contribute
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
immm
07-18 06:13 PM
Now we can take the thread back to the original issue Order Of I-485 Processing.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
Back to the original thread
With this July VB fiasco, thousands of people with the recent priority dates will be able to apply alongside the applicants with much older priority dates and depending on how the USCIS issues the receipt notices or how fast their lawyers can file, some with older priority dates will fall behind in terms of receiving the receipt dates.
Note: Even a few days' difference in receipt dates could matter due to the quota when thousands apply in the same month
So the question on the table is:
How would USCIS process the cases now that many recent priority date filers were able to beat (sarcasm:thanks to DOS and USCIS!) the older priority date filers in getting the receipt notices?
.
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H1B-GC
02-07 09:25 AM
sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
more...
Chiwere
06-10 11:32 AM
Drunk while Intoxicated :D
immi_twinges
07-20 05:37 PM
My take is that Sen. Cornyn's bill is too ambitious and tries to solve ALL the problems. It is never going to fly, especially in this political environment.
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
Lets ask first ..to fix the USCIS lethargy..
We should focus on EB retrogression relief and try to get in only the absolute minimum relief needed to eliminate current backlogs.
In my opinion, this is the absolute minimum:
1) Clear DOL backlogs in BECs
2) Recapture lost visa numbers
3) Dont count dependants
4) Raise per-country cap to 10%
If we can only these rolled in to amendment, it should be easy to pass. We can start an awareness initiative to educate the senators and ensure it passes. If we shoot for too much, its next to impossible. Thats the sad reality.
Lets ask first ..to fix the USCIS lethargy..
more...
Jimi_Hendrix
12-14 02:55 PM
Time: 7 PM PST
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
Conference Dial-In: (712) 432-3000
Conference Bridge: 227974
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mirage
08-04 12:18 PM
Since you don't know that EB-3 PD was Nov-2001 before it became unavailable it tells me that you are not EB-3 India.
I believe this thread is not for you please move on. Please don't disrupt something not meant for you and not going to harm you...
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
I believe this thread is not for you please move on. Please don't disrupt something not meant for you and not going to harm you...
Read in red above and comments on it below:
1- You are telling the person writing visa bulletin that he does not do his job right.
Sorry to be blunt, but I find this letter factually incorrect and lacks a purpose that will help us.
more...
unseenguy
02-09 06:17 PM
Yes, you are right! The Indian parent should have given their retirement a very high priority than their kids education. There are millions of middle class parents who didn't care about their retirement but worried and planned for their kids future by spending not only money but also precious time.
I am not sure, I think you are being sarcastic to my post. If someone's dad gets cancer, whats your advice? He should bring him to US to the best cancer hospital and spend life's saving on him? Personally I have been very fortunate. My parents took care of their retirements and financial affairs as well as my education. Very lucky indeed. Despite all this, I have told my parents that I would not be able to get treatment for them in US but would provide best possible one in India. Is this being ungrateful? No. Everyones life comes to an end.
I also said that if someones parents need financial support they should make it a very clear requirement at the time of arranging marriage. Like my maternal grandmother was bedridden due to medical condition for about 10-15 years. So when her son got married, it was a precondition that she will be part of the family and that the daughter in law will have to adjust and support her. One girl (my aunt ) accepted it, and lived happily with it as her duty. So it all depends. Different people different experiences.
I am not sure, I think you are being sarcastic to my post. If someone's dad gets cancer, whats your advice? He should bring him to US to the best cancer hospital and spend life's saving on him? Personally I have been very fortunate. My parents took care of their retirements and financial affairs as well as my education. Very lucky indeed. Despite all this, I have told my parents that I would not be able to get treatment for them in US but would provide best possible one in India. Is this being ungrateful? No. Everyones life comes to an end.
I also said that if someones parents need financial support they should make it a very clear requirement at the time of arranging marriage. Like my maternal grandmother was bedridden due to medical condition for about 10-15 years. So when her son got married, it was a precondition that she will be part of the family and that the daughter in law will have to adjust and support her. One girl (my aunt ) accepted it, and lived happily with it as her duty. So it all depends. Different people different experiences.
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IV2007
04-08 01:06 PM
Can someone please respond to this ??
Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?
Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?
more...
bsbawa10
09-12 10:23 AM
How about each one of us does whatever is suitable with common theme being similar letter/concern etc. If we choose clock/cal etc. shortly we will run out them at sites such as amazon, etc. Anyway only some of us will be able to do it...But flowers, letters, fliers are limitless and everyone can send...
So my suggestion is --draft a common themed letter and send the letter along with whatever anyone chooses to send along (with clock, cal, flier or simply letter. But please make sure the fliers are not offensive)...
I think , I like that. Some of us depending on what we like can send flowers, some of us can send calculators, some of us letters and pamphlets and some can send more than one thing.
So my suggestion is --draft a common themed letter and send the letter along with whatever anyone chooses to send along (with clock, cal, flier or simply letter. But please make sure the fliers are not offensive)...
I think , I like that. Some of us depending on what we like can send flowers, some of us can send calculators, some of us letters and pamphlets and some can send more than one thing.
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jambapamba
07-06 02:10 PM
No, they did not take the original offline...it was there online in archived sections. They may be getting calls seeing the current one and the archived one....so they thought to clarify (making us read both of them together). That is all.
{hmm....that makes me think...did USCIS complain to DOS that they are still receiving 485's and that the old bulletin still exists online. So, DOS found this solution....Just my 0.02
}
But when they revised it on July 2nd they took the original VB offline. Now they bring the original VB back online and they are asking folks look at both of them together.
{hmm....that makes me think...did USCIS complain to DOS that they are still receiving 485's and that the old bulletin still exists online. So, DOS found this solution....Just my 0.02
}
But when they revised it on July 2nd they took the original VB offline. Now they bring the original VB back online and they are asking folks look at both of them together.
more...
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lazycis
11-20 10:26 PM
I am not 100% sure but if person has not completed 6 years, he can continue till he completes 6 years. If person has already crossed 6 years limit, H1 extension or transfer does not stand valid without any underlying pending AOS. This is what RG termed as opposite to conventional internet wisdom. Also, the law requires to provide a notice to cancel EAD, but not to cancel H1B. Correct me if I am wrong!
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
Ron is absolutely right regarding H1 extensions past 6 years! If I-485 is denied, the extension cannot be granted (we all know that USCIS may still approve it, but if they follow AC21 guidance, they should not). As for cancelling H1, the law does require USCIS to provide notice in one case: if it determines that H1 holder is no longer working for the sponsoring employer. We already discussed automatic revocation scenarios.
See also this explanation from Fragomen (I know, I know, they are bad, but read anyway):
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8cda1a2a9589440c8525746d00574cf9?OpenDocument
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vactorboy29
06-11 05:59 PM
I have been investing in Lottery every week 1$ .Hoping I may hit Jackpot and Donate some money to our community.
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
My optimism says I may win lottery before I get green card or US congress works in our favor. Till then keep my finger cross..................
more...
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Macaca
09-15 08:24 AM
Legal Immigrants `Stuck' as U.S. Agencies Struggle With Backlog (http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aJxl3j_vmv7Y) By Nicholas Johnston (njohnston3@bloomberg.net) | Bloomberg, June 7, 2006
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Mygr8life
12-18 02:30 PM
Oops, sorry for the typo in item 1, it should read:
1. How many total employment visas (is it = 140,000/4) are available per quarter?
**********
Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???
Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?
Between Oct2009 to Dec2009 (1st quarter):
1. How many total employment visas (is it be 140,000/4) are available per quarter?
2. How many total EB1+EB2Row pending applications?
3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?
So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".
This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:
Thanks.
1. How many total employment visas (is it = 140,000/4) are available per quarter?
**********
Kondur...My gut says you are probably right that "they will apply spillover only in the last quarter" but the INA law says "quarterly...". So if "by law" if they are required to utilize the quarterly quota by Dec 2009, how many estimated #s are we talking? Is the estimated spillover visas couple of hundred or 1000 or 10,000-15,000???
Can someone answer the following (I understand IV has crunched the numbers and have predicted dates, but it would also be helpful to see these translated into #s): Does anyone wanna take a shot at crunching the above #s?
Between Oct2009 to Dec2009 (1st quarter):
1. How many total employment visas (is it be 140,000/4) are available per quarter?
2. How many total EB1+EB2Row pending applications?
3. Now the big assumption, How many of these have been adjudicated or have been alloted a visa # or could potentially use a visa #? (gurus...make some assumption).
4. So this current quarter how many visa #s are leftover for spillover to EB2-nonRow? (theortically should/could be or must be/allocated or "used up" by Dec2009, i.e. within the next 13 days)?
So in plain english: The answer could be as simple as "This quarter, which ends on Dec31, 2009, there could be .... visas available for spillover".
This might be unreasonable to expect but could be useful information...Whether spillover happens this quarter or not? thats a different story:confused:
Thanks.
more...
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gg10004
03-17 11:51 PM
Many H1s like me have their non-working spouses on H4 visa who are not given SSNs. Do we not pay taxes ? Do we not pay Social security ? We do, and therefore we should also be eligible for the Stimulus package. Indeed my son is autistic and disabled but we are not eligible for any kind of aid but we pay tons of taxes and social security. It is highly non-justified think. I know people will argue a lot if it is compared to slavery. But it is a "modern form of slavery". Yes, we are in this country with our own will but that is what they are making use of.
Please blame the illegals who use ITIN 1)to file taxes 2) to show that they were present in US.
They use this as a legal document and their best bet if amnesty is provided.
http://www.msnbc.msn.com/id/18077009/
I believe the government dint have anything against legal immigrants but we got caught up with them
Please blame the illegals who use ITIN 1)to file taxes 2) to show that they were present in US.
They use this as a legal document and their best bet if amnesty is provided.
http://www.msnbc.msn.com/id/18077009/
I believe the government dint have anything against legal immigrants but we got caught up with them
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santb1975
05-29 09:42 PM
^^^
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gondalguru
07-11 02:11 PM
EB2 India and EB2 China will have same cut off dates. I recall reading the USCIS explanation (in one of those AILA - USCIS conference) regarding distribution of unused EB2 ROW numbers and they mentioned that they have to keep EB2 I-C same till those catagories become current.
santb1975
05-24 03:39 PM
Can we do better?
gc28262
03-04 12:58 PM
See the link
http://www.immigration-information.com/forums/showthread.php?t=7065
http://www.immigration-information.com/forums/showthread.php?t=7065
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