crazyghoda
06-02 03:38 PM
If he buys a ticket with a return date AFTER 6 months from date of initial travel into the US, the officer at the POE (if he looks at the tickets) may not allow them into the country. Do not choose any date more than 6 months from initial date.
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masala dosa
09-21 04:27 PM
I doubt if a Masters qualify for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.
There is no way you can file under EB1
You can go max to Eb2 or Eb3
if its big co you work for then they will stick to eb3
if its some tolly molly software co then u get eb2
either way you are screwed.
Cheers
There is no way you can file under EB1
You can go max to Eb2 or Eb3
if its big co you work for then they will stick to eb3
if its some tolly molly software co then u get eb2
either way you are screwed.
Cheers
glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
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alterego
06-19 12:05 PM
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
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svn
05-13 07:28 AM
Thanks desi and rb_248. I actually remembered that my H1 had been extended (even though I never got it stamped in the passport) - so I went with H visa status on the application form
Britsabroad
November 30th, 2008, 08:01 PM
In the process as we speak Matt. Almost sold up & ready to begin acquisition...
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webm
02-27 02:40 PM
1) EB3 people believe and argue that it doesn't matter.
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
2) From what I have noticed on , eb1 > eb2 > eb3.
3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
4) In the end, USCIS is a black box system and no one knows exactly how they work.
5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.
Well said..I agree with you!!
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CADude
09-28 11:46 AM
:D:D
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
.
.
.
.
.
.
.
.
.
.
.
.
.
.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
.
.
.
.
.
.
.
.
Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
After a lots of effort I got chance to meet the great man J.B. Wow he was very nice. I told hime everything and showed the FedEx print out which he signed for the 485 delivery.
He appologised several times and went inside to the mail room after 40 minutes he came with a +'ve result with another appologies for his mistake. He told that the some of the packages are piled under the desk (hiding for the eyes) and he coudn't move the packages to clearks room. He moved a bunch of fedEx package to the clearks room, and took mine seperate from the bunch and put a note to the cleark saying his mistakes.
I thanked him and went to hotel room, after couple of hours I got call from MR.J.B and gave the receipt # for my whole family. I thanked him for the courtosy and afternnon I again I went to meet J.B and thanked again and tiped around $ 100, suddenly he started yelling at me...oh man..this was my fault, and u tiping for Nonsence....I got panicked and start sweating....
.
.
.
.
.
.
.
.
.
.
.
.
.
.Then I got up from my bed, I don't know what happend after that, could anyone please help me to findout what happend?
.
.
.
.
.
.
.
.
Oh I had a nice dream, Is'nt?....:)
Folks I was frustrated and no one is to cheer up me, So I made this and no bad intensions, Sorry if I hurt anyone.
more...
bigboy007
11-23 09:59 AM
do we need a UK visa even if we have a valid stamped US passport?
nope... but what do you mean by "Stamped US Passport"
nope... but what do you mean by "Stamped US Passport"
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Canadian_Dream
08-24 04:36 PM
Name: Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
City/Area:
Question:
What is the relation between a 3 year H1B Approval granted on an approved I-140 and the underlying I-140 petition ? Specifically, what happens if an employee leaves the company, are the remaining years (out of 3 granted originally) still valid ? What happens if the original employer revokes/cancels the underlying peition on which the extension was originally granted ? Is the H1B petition based on a an approved I-140 linked to that I-140 in anyway once it (H1B petition) is approved ? Please indicate any laws or precedents that can clarify the implications of the above scenarios.
Thanks,
Canadian_Dream
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unseenguy
01-21 02:42 AM
Hello Friends,
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Trick question. Are you testing our knowledge of law?
AC-21 can be used for job in same or similar occupation.
Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Trick question. Are you testing our knowledge of law?
AC-21 can be used for job in same or similar occupation.
Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.
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inthehole
08-24 01:22 AM
I made an infopass appt on Aug 20th and got it for 26th. I do not know why you couldn't?
Hi,
I was wondering under what option you are able to get info pass at Hartford. Is there is any specific time in a day you tried?
Hi,
I was wondering under what option you are able to get info pass at Hartford. Is there is any specific time in a day you tried?
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caydee
07-14 12:31 AM
Done and forwarded to about 50 people. But the website shows only 2037 petitions. Is this website for real?
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diptam
04-13 07:12 PM
sledge_hammer,
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
Please check my PM.
Howzatt,
The issue is not H1 transfer - i transferred it 5 weeks back and know multiple folks who will transfer again.
The issue is they are not been able find projects quickly - without Projects the transfer may not be approved ( this is happening these days) and also who will pay me without getting money from client ??
What line of work are you in? Either send me a PM or post here.
more...
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Raj_2009
08-19 10:39 AM
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
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plusme
10-18 03:37 PM
Hi,
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
My I140 got rejected with reason "Education Equivalency" not once but twice, because I just have 3 years of Bachelor's degree (BSc Comp Science) and one year of diploma in computer science.
So my employer reappealed it, now the status of my I-140 is showing as "Sent to AAO" would like to know if there are any chance's of getting I140 approved? Did anyone had this kind of issue. Please reply!
Thank you.
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sai
11-26 04:59 PM
are you EB1, EB2 or EB3 and which Country?
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enthu999
07-17 10:15 AM
I am NOT going for another TN renewal which might pose a problem once my AOS is filed next time. I will be entering in H1 status.
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chapsi29
04-02 11:10 AM
Hi all,
I had applied for my I-140/I-485 (concurrent) in Summer 07 and am awaiting a decision. My company has not been paying on time and is lagging behind on pay checks for about a few months now... I would like to know how this would affect my I-140 - Does the USCIS normally issue an RFE for this type of a problem or would they deny the I-140 ? If it is an RFE, what kind of proof does the company have to provide ?
Is it required for the company to completely catch up on the backlog and have all the pending pay checks paid before my I-140 gets processed ?
Thanks in advance.
I had applied for my I-140/I-485 (concurrent) in Summer 07 and am awaiting a decision. My company has not been paying on time and is lagging behind on pay checks for about a few months now... I would like to know how this would affect my I-140 - Does the USCIS normally issue an RFE for this type of a problem or would they deny the I-140 ? If it is an RFE, what kind of proof does the company have to provide ?
Is it required for the company to completely catch up on the backlog and have all the pending pay checks paid before my I-140 gets processed ?
Thanks in advance.
Jeffphoto
September 6th, 2006, 09:00 AM
Oh, yes! I knew that! I have even tried this, but my tripod is such a hunk of junk that it wiggles and I can't get the photos to merge without hurting my eyes because every photo is a little off. Terrible blur!
Ok, the HDR explains the very wild lighting on the buildings with the very forboding cloud cover. Thanks for clearing up my confusion, and now the photo makes a lot more sense to me. I was wondering about the light source in this, I figured that some stray ray of light had sneaked through to warm up the bricks.
Ok, the HDR explains the very wild lighting on the buildings with the very forboding cloud cover. Thanks for clearing up my confusion, and now the photo makes a lot more sense to me. I was wondering about the light source in this, I figured that some stray ray of light had sneaked through to warm up the bricks.
diqingshen
04-09 10:23 AM
We must think about what we do after CIR fails.
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