Tuesday, June 7, 2011

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  • pthoko
    08-03 10:02 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!





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  • abracadabra
    07-06 11:19 AM
    $300 million loss on July 2nd





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  • aj_jadeja
    02-17 12:53 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!
    Dear Sir,

    Many thanks for your interesting email, which I forwarded to a colleague based in the United States.

    I understand it must be hard for somebody in your situation. But anecdotal evidence and statistics suggest that however hard life is for immigrants in the United States, it's even harder for immigrants in Europe.

    Thanks again,

    John Miller.





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  • fromnaija
    11-14 11:47 AM
    Unfortunately for renewal and replacement EAD you will have to pay the new fee of $340 and yes your EAD will be valid for only one year.



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  • eb2_immigrant
    07-28 07:31 PM
    It takes roughly 20 business days. We just got ours.

    When you renew AP, what is start date , Is it from the expiration day of your previous AP ?





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  • immiindi09
    01-12 05:38 PM
    thank you "div_bell_2003". e-file and paper renewal, does it take the same
    processing time?



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  • What Color Is Apple Green



  • ThinkTwice
    07-09 08:11 PM
    Please be present and get some shots and videos if possible ..(please confirm that you can take pictures etc) .. it would be great, we in other areas would like to get a glimse of how this whole thing went down...





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  • shentefac
    08-05 07:56 AM
    Thanks for your hard work, hope more and more people come here to sharing their valuable business experience. Let improve business skills together. Thanks your suggestion. Just for my need. I've been listening to this album a bunch recently. Really great. I'll assume this is directed to me since it's right under my post. stainless steel pipe (http://www.steelpipes-china.com/)



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  • glus
    12-29 09:54 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.

    Yes, this is correct.





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  • texasguy
    06-13 10:30 AM
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.



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  • desi485
    01-08 01:20 PM
    If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy

    I do have case number for I-140

    I also took printout of online approval status using the case status number.

    But what about labor cert?

    I have no idea what was filed for me? job description or salary req.???

    All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)

    why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?

    Any one has any idea? Any links? Any official link which states that we do need to have photocopies?





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  • paskal
    05-31 10:44 PM
    guys please do take a moment with the webfax if you have not already done so, this effort to spread our point of view and gain visibility with lawmakers is critical. if you have some time you can actually fax legislators from every state!



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  • claudio
    01-14 12:38 AM
    Thanks :)





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  • ImmigrationAnswerMan
    09-13 08:56 PM
    poorslumdog:

    1) File for a Travel Permit. It is preferable that PR's keep their trips abroad under 6 months if they can. If not then it is best for PRs to keep their trips under one year. PRs should not stay abroad for more than a year without a travel permit and should not let their travel permit expire while they are abroad if they do travel abroad for more than one year.

    2) Where someone gets their PR through employment, they should work for the employer for at least a few months after receiving their green card. This is because part of the process for applying for the PR was that they stated that they intended to work for the employer. However, where the person intended to continue employment with the petitioner, but there was a change in circumstances that caused the person to not continue working with the employer, this should be OK. However the person should be ready to explain to USCIS why they did not continue with the employer even though they intended to at the time they were granted their PR.

    3) PRs can travel abroad. However, they need to be able to continue to show their intent to reside in the US. Employment abroad can be used by CBP or USCIS to question this intent. However if the person is working abroad for their US employer, it should not be an issue.

    4, 5 & 6) See answers above.

    ** This information is of a general nature and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.



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  • snathan
    12-19 10:32 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.

    Contact the History channel and ask the same question.





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  • pmgthj
    03-14 09:38 PM
    bbct, I filed my I-485 with NSC originally, but it was transfered to local office last month for interview.



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  • iluvgc
    08-28 03:50 PM
    You must be *so proud* of yourself.

    sucker





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  • Earned_GC
    04-15 10:19 PM
    What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?





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  • veni001
    02-02 08:57 PM
    Hello,

    I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.

    Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).

    Thank you

    Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
    Good luck.;)





    krishnam70
    07-05 11:55 AM
    What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.

    All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.

    Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.

    The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.

    If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.

    That guy will do more harm than help us. My opinion thought. He speaks from his point of view only..





    snathan
    07-20 08:01 PM
    Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.

    Dont give misleading information. If you are in H1B for three years without pay stub, its a serious issue.



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