arc
10-26 12:44 PM
Mrane and Lramni
Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!
I you say you are out of town on appt date do they ask for a proof?
Does one have to fight the "first tier" the security guard and then one can get in? Is it very difficult? I am trying to go 1 week earlier!!!
I you say you are out of town on appt date do they ask for a proof?
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babu123
10-08 07:08 PM
bloody bulletin . never moves
I am still short of 16 days.
I am still short of 16 days.
cooldude
07-19 09:58 AM
po box is for usps delivery only. fedex doesn't delivery mails addressed to po box.
Thanks a lot. It should be fine I guess then.
Thanks a lot. It should be fine I guess then.
2011 The shoulder blade tattoo.
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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lostinbeta
11-16 09:26 PM
This is all in fun anyway :)
aj1234567
07-17 06:36 PM
This is great news!!We proved once again that if we are united we can win always!!
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ajaykk
08-09 10:44 AM
FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
2010 Photos: Angelina Jolie#39;s
Administrator2
12-09 11:27 AM
To complicate things further, cloture on 9-11 responders failed by 57-42. Republicans are not willing to let anything go till Tax cuts bill is undertaken.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
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garamchai2go
06-26 02:12 PM
I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?
By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.
Any suggestions will be appreciated ?
Thanks
Did you happen to do address change(AR-11)??
By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.
Any suggestions will be appreciated ?
Thanks
Did you happen to do address change(AR-11)??
hair Angelina Jolie#39;s Tattoos
northstar1
07-26 03:08 PM
For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.
Thanks
Do you know if your successor in interest i-140 has been approved
Thanks
Do you know if your successor in interest i-140 has been approved
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deepakbh
05-05 10:19 PM
Friends,
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
This is my first post.Any inputs would be highly appreciated.
My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)
I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought
Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.
Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .
Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .
I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.
To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?
Thanks and really appreciate any input.
hot This tattoo on Jolie#39;s left
eb3retro
06-29 12:56 PM
i invoked ac21 twice..never asked even a single question to the employers, infact my current job title is not even close to the job title that my labor was filed long time ago, i am very confident, i will change my mind and go back to india for good, before my PD of jan 2003-India becomes current. just cant ruin my career and life thinking about things that are not in our control..just my opinion, not an advice. if u get struck with a sick job for years due to the GC mess, it justifies itself for all these decisions. even if they issue an RFE and my GC gets denied, i care a less about it, cos it lost its importance when it took this long..atleast i am doing some work right now which will help my career on a long term basis.
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conundrum
09-19 12:16 PM
One of friend is in a similar boat. While she was on her F1 she worked without authorization and since then she changed her status from F1 to F2 and finally to H4. Her husbands GC was approved, but hers wasn't. So now the attorney has filed for appeal based on 245K, as he feels that since she has left and country and re-entered it on multiple occasions on a different statuses the immigration officer should only look for inconsistencies in her application only from the time of last legal entry. Does this approach make sense. So what is her status now?
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chi_shark
04-29 05:42 PM
:) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
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bharol
08-18 11:52 PM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?
Come on. Dont be dumb.
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?
Come on. Dont be dumb.
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GCwaitforever
03-24 02:32 PM
Nope. Unless it has some Technology concentration.
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sheela
11-21 02:29 PM
Happy Thanks giving to all.
girlfriend This tattoo on her left
BMS1
09-10 11:08 AM
Among other things, one important change for H1-b program would be to make H1-B transfer easier for folks that are laid off or had to resign abruptly due to various reasons by providing some legal leg room to land a new job. The current rule for laid off / abruptly resigning people is to pack up and leave the very next day of separation for their country of origin and start the H1B process again if they need to maintain a clean legal record. That is not always pracitcally possible due to ticket availability, disposing of residence lease etc. This is very much acknowledged by USCIS by overlooking some minor gaps between employments for H1-B transfer. So provision of some gap (60 days?) between job changes for H1B transfer will provide some legal/legislative back-up to the procedures currently being followed by USCIS as a matter of practicality.
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kriskris
07-28 02:49 PM
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
Thanks in advance
-Krishna
cdeneo
09-21 06:24 PM
The text provided on the link below has the following section:
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
thakurrajiv
01-22 02:10 PM
Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.
So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.
Its same for every bank in India.
This is an option. I did one more trick. Made big part payment and asked them to reduce my EMI. Now I have EMI of Rs. 1200 for next 13 months. No penalty.
So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.
Its same for every bank in India.
This is an option. I did one more trick. Made big part payment and asked them to reduce my EMI. Now I have EMI of Rs. 1200 for next 13 months. No penalty.
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