miguy
07-22 11:40 AM
Please check my question in blue below
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
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HawaldarNaik
03-04 06:07 PM
Yes you can work from Home, i meant Home Country...:D
GCapplicant
06-30 01:14 PM
Thanks pappu...
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sobers
06-23 03:50 PM
A White House chat on Immigration...
with Michael P. Jackson
Deputy Secretary of Homeland Security
Transcript
http://www.whitehouse.gov/ask/20060623.html
with Michael P. Jackson
Deputy Secretary of Homeland Security
Transcript
http://www.whitehouse.gov/ask/20060623.html
more...
Ramba
04-09 06:08 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
You can enter with previous company H1 visa, only if you are maitaining that status (H1) with new company. As you are currenty working on EAD with other emplyer, the previous H1B visa has no use. You need AP to enter, as you are in pure AOS.
However, you can enter in H1B visa, only if you are going to work for the previous comapany upon arrival to USA (provided thay have not cancelled the H1, and still they have job offer to you upon arrival). If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
calboy78
08-02 08:48 PM
This document:
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
more...
rheoretro
09-13 05:22 PM
my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...
I can't help you because of your situation. Much better in other places.
I can't help you because of your situation. Much better in other places.
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immiguy
07-18 02:16 PM
Sorry for being Naive. What is the skill bill?
more...
irrational
10-06 04:37 PM
I am thinking it might be because my employee is based in Virginia. But I have been working in Texas since 2003. So I have no clue what triggered this transfer.
-Bipin
-Bipin
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raamskl
07-04 03:38 PM
Attorney Murthy referred to few cases (I think she said 3) that went thru her law firm, which got approved on the last week of June and also on July 2nd. She said both her client (who were pleasently surprised, good for them) and the law firm were surprised as the dates were not current in June and also not in July due to revised VB.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
more...
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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cpolisetti
04-10 05:12 PM
I am from Oregon, glad to be of help. Sent an email.
more...
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hazishak
07-31 11:26 PM
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
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purgan
05-02 11:24 AM
Just as Robert Rector said yesterday that High Skill Immigration needs to be "encouraged", today we have Loo Dobbs shedding sympathy for legal immigrants like ourselves stuck in the backlog...
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
It would be tempting to believe in words of Rector and Dobbs, however whenever the time comes to provide relief to legal immigrants like ourselves, they show their true Anti-Immigrant colors. How many times have you heard of Rector and Dobbs advocating backlog relief??? Not once....nada, zilch, zero times.
This is precisely why people like Rector and Dobbs have zero credibility on even legal immigration...
===
http://www.cnn.com/2007/US/05/01/Dobbs.May2/index.html
What a spectacle, what a mess. What a day for thousands and thousands of illegal aliens and their supporters to march through the streets of many of our biggest cities demanding amnesty for illegally entering the country.
Tuesday was given over to illegal aliens and their supporters to demand forgiveness for using fraudulent documents and assisting others in entering this country illegally. What a day for illegal aliens and their supporters to demand not only amnesty but also the end to immigration raids and an end to deportations.
May Day was a peculiar choice for those demonstrations, a day in many countries in which international socialism is celebrated and a reminder of those old Soviet Union military parades.
It was also an unfortunate and ironic choice on the part of the organizers of the demonstrations. May 1 in the United States is actually Law Day, a day first established by President Eisenhower in 1958 and ultimately codified into law in 1961 at the beginning of John F. Kennedy's administration. The purpose of Law Day is to give all Americans an opportunity to reflect on our legal heritage, and by statute, encourages "the cultivation of the respect for law that is so vital to the democratic way of life."
I'll bet you know about the illegal alien amnesty marches, but I don't know of a single news organization, electronic or print that pointed out that May 1 is America's Law Day. The cable news networks gave almost wall-to-wall coverage to the illegal alien demonstrations, but they apparently couldn't find any American celebrating Law Day.
And no one seems to want to take note that we are first a nation of laws, and that without those laws and their enforcement, the foundation of our great republic turns to sand. What a spectacle on Law Day for demonstrators to demand amnesty for those who broke the law to enter our country, many of whom also broke the law with fraudulent documents.
And what a mess when the president of the United States and the U.S. Congress are pandering to a group of people who are not citizens and refuse to demand enforcement of our immigration laws, our criminal laws, and fails to secure our borders and ports.
I couldn't help but wonder as I watched monitors bringing images of the marches and demonstrations from all across the country, who should really be protesting on May Day. What about the millions of legal residents who followed the long, drawn-out process to secure a visa to enter the United States lawfully? Maybe they should be protesting. What about the seven-figure backlog at the Citizenship and Immigration Services agency of people who are following the rules. Should they demonstrate?
What about all of our fellow Americans who are being marginalized by the massive importation of illegal, low-cost and mostly uneducated labor into this country? Perhaps those citizens should take to the streets. And what about the more than 250 million Americans who make up our middle class and those who aspire to it whose wages have stagnated and who are paying for the social, medical and economic costs of illegal immigration? That's a big march.
If yesterday's demonstrators and their supporters in Congress and corporate America are serious about their deep desire for American citizenship, why don't we hear any of them clearly say they're willing to give up dual citizenship? Or that they're willing to learn English and surrender demands of bilingual education? Or declare they embrace English as our official national language? Or demand that illegal employers of illegal aliens pay for the social, educational and medical costs now borne by the taxpayers?
Yesterday was Law Day. I hope that we celebrate Law Day with a great national enthusiasm next May 1. I guarantee you I'll march in that demonstration.
more...
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geevikram
09-13 10:33 AM
You probably know the answer already, but still...
NADA
NADA
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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.
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clif
04-10 12:25 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
I hired a attorney to send the letter. I guess you can do it yourself too. Find a sample letter. Your new employer has to sign it on the company's letterhead. The letter is from the new employer, not from you.
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
I hired a attorney to send the letter. I guess you can do it yourself too. Find a sample letter. Your new employer has to sign it on the company's letterhead. The letter is from the new employer, not from you.
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
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sk.aggarwal
04-07 09:37 AM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
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hebbar77
11-18 06:26 PM
its down, so .. so what? how does it matter?
chandrajp
08-08 10:42 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
eb3retro
12-17 01:36 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
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