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Source URL: https://joshhamiltonblog.blogspot.com/2011/06/barcelona-fc-2011.htmlgemini23
11-19 09:57 AM
Thanks for above posters.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
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mrane1
07-18 04:19 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
sumithooda
01-12 11:58 AM
gcdreamer05:
Is there something we can do to avoid this PIMS delay.......
Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.
Kiran K02
Masterji, I will not be able to come on AP as my Passport is in Application Package.
If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.
Thanks
Is there something we can do to avoid this PIMS delay.......
Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.
Kiran K02
Masterji, I will not be able to come on AP as my Passport is in Application Package.
If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.
Thanks
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Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
more...
ganguteli
03-04 05:43 PM
Is there anything i can do on H4 visa??
You can volunteer your time for IV and help .
You can also expand your family . Do not wait and put your life on hold due to your visa status.
You can volunteer your time for IV and help .
You can also expand your family . Do not wait and put your life on hold due to your visa status.
gccovet
06-17 04:08 PM
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
ss205 answered the question correctly (in my opinion).
GCCovet
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
ss205 answered the question correctly (in my opinion).
GCCovet
more...
tdasara
11-20 12:57 AM
How long does it take for DATV (UK Transit Visa) to be approved? I'll be mailing my biometrics and application early next week and travel just before Christmas.
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gc_chahiye
04-20 01:06 AM
Hope this answers your question.
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
more...
windycloud
02-01 11:08 AM
Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.
With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.
With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.
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H1B-GC
11-06 04:24 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
Most companies and Financial sector in particular check the credit History.Dont you worry on a 30 day late payment 2 years back .They wont be so mean i guess. But filing for Bankrupcy or a History of late payments would raise a red Flag.
Any ideas?
Most companies and Financial sector in particular check the credit History.Dont you worry on a 30 day late payment 2 years back .They wont be so mean i guess. But filing for Bankrupcy or a History of late payments would raise a red Flag.
more...
Waitnwait
01-26 12:58 PM
i have asked the question to president. i guess number of votes matter on what questions will be asked. so i request to all of you to vote for my question.
Please search for this text
"antcipate any relief for skilled immigrants in near future?"
and vote for it... Good luck
Please search for this text
"antcipate any relief for skilled immigrants in near future?"
and vote for it... Good luck
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Libra
08-09 11:26 PM
This organization and this forum is running on contributions but why you guys want to use this forum but not interested in contributing, if you need just info there are so many other attorney forums where you can go and get the info. but when you are here in IV, i'll ask to contribute on any thread:D you guys dont even bother to look into action items and contribution thread. so i have to go to each and every thread and request people
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
So, i once again request you guys to think about contribution and let IV work for us. Thanks.
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
more...
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Green.Tech
07-18 01:39 PM
Folks,
Not to hijack the message posted by the OP, I have a question:
If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?
Anyone who has done that before? Ideas?
Not to hijack the message posted by the OP, I have a question:
If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?
Anyone who has done that before? Ideas?
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kukitron
08-07 09:01 AM
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
more...
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dhesha
08-28 02:07 PM
IV member Venkat80 posted this mail but has removed it for some reason.
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
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indian111
07-28 07:47 PM
It takes roughly 20 business days. We just got ours.
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
more...
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for_gc
08-14 08:02 PM
Well, there are exceptions to almost every rule. The fact that there are exceptions does not mean that the rule is not right.
The rule still pretty much seems to be that the processing is done in the order of ND and not RD.
Lets do not confuse ourselves.
The rule still pretty much seems to be that the processing is done in the order of ND and not RD.
Lets do not confuse ourselves.
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martinvisalaw
07-17 11:26 AM
Hi,
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
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immi_enthu
08-10 01:28 PM
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
same thing happened to me.
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
same thing happened to me.
hope2007
04-15 11:37 AM
SKIL Act says NON US advance degree holders should have 3 year experience before filing immigrant petition. Is this experience before filing LABOR or before filing I-485. My LABOR and I-140 is approved and I have NON US Masters degree but did not had 3 years of US experience before filing LABOR.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
Now I have more than 5 years of US experience, will I fall into this category when I file I-485.
lahiribaba
03-01 02:30 PM
Friends,
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.
Thanks.
you say you will "complete 3 years since landing in Canada"
then you say " I have not livied in Canada more that a couple of weeks since landing"
With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.
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