radhay
01-08 02:13 PM
I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.
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franklin
07-21 08:33 PM
I did a very similar thing.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
Refugee_New
08-02 02:41 PM
write letters to congressman and fill form for ombudsman.
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
You should get ur GC.
I already sent letters to 3 senators and 2 representatives? should i add more senators and representatives?
I did everything except sending letter to UK Prime minister?????????
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whiteStallion
03-01 02:35 PM
Always try to go for group policy with your employer, even if you are paying 100% of the premium and your company is not contributing a dime. That way your premiums are lower than what you get from the open market...may be you do not have that option but good to know... I can vouch for Kaiser, they are very good.
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cinqsit
01-23 12:47 AM
Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
if its approved I think you get it back the same day (that was back in 2007)
if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic
cinqsit
Do you think they might reject the case for any reasons?
How long do I have to stay in Canada if in case it's approved?
Thanks
Sudha
if its approved I think you get it back the same day (that was back in 2007)
if you get stuck in administrative processing it can take few weeks to months - check forums/threads on that topic
cinqsit
jelo
06-15 05:28 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
Our question....Is it sensible to travel on AP him being unemployed?
This is my openion.
Your husband is no more on H1b and liable to use EAD on his next job.
AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
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jaggu bhai
08-23 11:53 AM
Yes.....HIb is correct....
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
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SunnySurya
07-13 12:49 PM
Reading your post, it seems that it is better for me to do nothing (option A).
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
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diptam
05-08 09:53 PM
That's the point.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.
If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.
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whattodo
06-30 12:58 PM
My online status changed from approval sent to pending. Did you any further update?
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
My attorney received an email notice of I-140 approval (PP) on Mon, June 25. But the online case status showed the application as pending. Finally,today my attorney called and was told that due to "system glitch ", approval notices were sent out in error!! It seems this has done to others too!!
Did anyone else encounter this?
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sin94
11-11 06:34 PM
Today my I140 case was updated online (I still have not received the RFE for the mulitple calls made or letters dispatched to the USCIS)
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On November 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
I rechecked all offices address(old and new) no at the locations have received any news
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On November 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
I rechecked all offices address(old and new) no at the locations have received any news
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zoozee
06-11 04:18 PM
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
Zee.
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Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
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martinvisalaw
01-11 02:31 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
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Jaime
09-06 04:14 PM
Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:
"UK Plan to boost immigration from India"
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India
"UK Plan to boost immigration from India"
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India
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sunshine2007
08-27 05:30 PM
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
but if i go through a regular divorce process is that okay for the USCIS?
but if i go through a regular divorce process is that okay for the USCIS?
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shaq
08-11 09:34 AM
Pd - 01/30/06
Rd - 09/10/07
Rd - 09/10/07
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Bimmer740i
07-21 09:54 PM
Yes you can.
My previous H-1B expired on 06/17 and I applied my AOS on July 2nd. After I sent the AOS, I got my H-1B approved for 3 years. My lawyer told me that they will have to send it in the future if there is an RFE.
My previous H-1B expired on 06/17 and I applied my AOS on July 2nd. After I sent the AOS, I got my H-1B approved for 3 years. My lawyer told me that they will have to send it in the future if there is an RFE.
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bsbawa10
08-21 09:44 AM
I broke my politeness today.
My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.
I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.
I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.
Lady: How could you have ever called CSC because their phone numbers are not public
Me: I called the same number and for some reason it got transferred to CSC.
Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
Lady: Can you please hold for a moment.
After hold:
Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
Lady: Sir, we cannot tell you the reason why do we transfers
Me: But you have already told me the reason in the written notice as "To speed up processing"
Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
Me: I hang up the phone.
My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.
I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.
I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.
Lady: How could you have ever called CSC because their phone numbers are not public
Me: I called the same number and for some reason it got transferred to CSC.
Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
Lady: Can you please hold for a moment.
After hold:
Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
Lady: Sir, we cannot tell you the reason why do we transfers
Me: But you have already told me the reason in the written notice as "To speed up processing"
Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
Me: I hang up the phone.
whattodo21
07-09 03:08 PM
i have sent him about three emails. The response is the same - word for word. If they see any immigration related email from a constituent, all they get is this canned response. Sen. Conryn is anti-immgrant for all I know and care.
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
Could be true...
However, it is better to get a letter that actually relates to our problem instead of a standard letter talking about amnesty
indianabacklog
06-10 12:48 PM
You have the instructions since you quote them. Send exactly what they are asking for, i.e. the form, photos, copy of front and back of previous EAD and check to pay them.
I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.
The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.
You seem to have it all under control. Have confidence in yourself and get the applications sent in.
I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.
The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.
You seem to have it all under control. Have confidence in yourself and get the applications sent in.
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