girishvar
02-26 12:46 PM
You have to use only H4. Under the last action taken rule B1/B2 is automatically invalid. Again H4 allows you to have dual intention for filing green card.
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thatwillbeit
10-03 02:58 PM
gc_mania_03,
Sorry for the delay in replying, I just saw the message and replying to it as soon as I saw it.
Anyway, I did send the photographs to the Service Center along with covering letter explaining the issue along with a copy of the AP receipt notice.
I did not get any RFE for AP and they approved it about 6-8 weeks after I sent over the photographs.
Hope this helps
Sorry for the delay in replying, I just saw the message and replying to it as soon as I saw it.
Anyway, I did send the photographs to the Service Center along with covering letter explaining the issue along with a copy of the AP receipt notice.
I did not get any RFE for AP and they approved it about 6-8 weeks after I sent over the photographs.
Hope this helps
qtoask
07-11 11:40 AM
Yes, you are right partially.. only if we over do it.
This is not over doing... This is just to keep up the momentum... dont want to loose it.
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
This is not over doing... This is just to keep up the momentum... dont want to loose it.
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
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jthomas
02-21 04:12 PM
If you have EAD and have stayed in this country for some years, why don't you try to get unemployment benifits by going to the county office. Secondly, there are more people in this country like you who had lost the job. check the welfare section and check for foodstamps. There is no reason to run back to your country. Face this oppurunity rather than running back.
I would advise you to save money for the flight ticket and other expenses as cash in hand and go to the county for help. Use your rights. In the worst case go back to your country.
If you wish to go out of US for 3-4 years, the best thing to do is close the accounts. If you don't have direct deposit of your paychecks in your account you would need to pay account maintenance fee. I paid 10 dollars as account maintenance fee for 6 months.
I would advise you to save money for the flight ticket and other expenses as cash in hand and go to the county for help. Use your rights. In the worst case go back to your country.
If you wish to go out of US for 3-4 years, the best thing to do is close the accounts. If you don't have direct deposit of your paychecks in your account you would need to pay account maintenance fee. I paid 10 dollars as account maintenance fee for 6 months.
more...
pooja_34
10-17 09:33 PM
We never had to tell the IO to do anything. They knew what to do.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
uslegals
11-26 05:05 PM
congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!
more...
Boney
January 27th, 2006, 02:14 AM
Can somebody tell me which is the best DSLR as of today (27/01/2006) For around 1000 dollars
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l8A
10-05 10:27 AM
I think you have period of 180 days after being out of status to apply for permanent residency. I'm not sure though. It would probably be your best bet to double check with a lawyer and get professional advice. Good luck.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
more...
new2gc
02-16 10:47 AM
Time for paid membership on this website...at least $5 a month..else, we will these see kind of non-sense discussion threads...waste of time and resources (Including this message)
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pointlesswait
03-31 11:30 PM
Dude,
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
So basically the IO officer was doing his thing and requesting all the basic documentation.
best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.
In this economy everyone has got hit pretty hard..so just hope for the best.
Thanks a lot for your comments. They are really helpful.
In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?
Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.
Do you know the "standard" wording for USCIS decision in cases like mine?
Thanks a lot again, I really appreciate your comments.
more...
champu
02-18 07:31 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
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starving_dog
09-02 02:01 AM
I'm glad to hear that you are well. Have a great Labor Day weekend.
more...
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franklin
07-12 11:42 PM
Please close this thread, there are multiple threads specualting about this stuff, and some members are trying to focus on organizing the BIGGEST RALLY IV HAS EVER DONE!
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mhathi
01-09 01:46 PM
it is not advisable to leave US while your extension is being processed. I would suggest waiting for it to get approved and then schedulingan appointment (in India) or in canada before leaving for india and get the new visa stamped.
more...
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rajpatelemail
11-05 07:47 PM
I think - there will be more people in AF Unit this consulate
As Hyderabad is very popular in those lines.
As Hyderabad is very popular in those lines.
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Sakthisagar
11-26 10:50 AM
Sorry imh1b,
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
There is nothing to reach a level or something like that, if you are politically involved you will be a friend of that Senator or Congressmen and this photo is taken way back in 2002. All Indians are not like that. Plaase correct your wrong notion, there are lot of people who still maintains their culture, Unless they just sell their culture for the selfish benefits. like Nikki, and Bobby Jindal.
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
There is nothing to reach a level or something like that, if you are politically involved you will be a friend of that Senator or Congressmen and this photo is taken way back in 2002. All Indians are not like that. Plaase correct your wrong notion, there are lot of people who still maintains their culture, Unless they just sell their culture for the selfish benefits. like Nikki, and Bobby Jindal.
more...
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whiteStallion
03-04 07:52 PM
You can also expand your family .
This is the best advice I've seen :p:p:p
This is the best advice I've seen :p:p:p
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Blog Feeds
04-17 08:30 AM
In an amazing turn of the tables, Republicans are growing increasingly concerned that Democrats will attempt to pass immigration reform this year in order foster an internal split on the right. Since Prop 187 was passed in California in 1994, Republicans have often tried to use the immigration issue as a way to energize right wing voters and get them to oppose Democrats who are pro-immigration. Three op-ed pieces discuss that issue just in the last day. Michael Barone of the right wing American Enterprise Institute in the Wall Street Journal, Fox News co-host Morton Kondracke in Congressional Quarterly and...
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/immigration-could-be-a-reverse-wedge-issue-for-dems.html)
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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.
fatjoe
09-24 10:11 AM
My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
number30
03-18 06:13 PM
LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
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