desi3933
06-22 07:51 AM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
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smuggymba
09-30 03:04 PM
mods - please delete
cherupally
09-10 10:36 PM
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
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gsthantry
12-31 05:17 PM
+1 from Dallas
more...
illinois_alum
07-13 08:43 PM
Why does everyone think it can only be something that the USCIS has the power/authority to act on by themselves. It's been almost two weeks since this fiasco started and they may have been meeting with the right people to put something together.
Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.
Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.
coopheal
03-13 04:37 AM
Hello,
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
more...
GCaspirations
09-21 10:46 PM
Hazishak,
did you receive the finger print notice?
did you receive the finger print notice?
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greenguru
01-30 06:11 PM
An EB2 labor applied in March got approved in Sep.
Labor it is taking min 8 months as of today.
I-140 : Please check immigration-law.com first post today. he gave some stats...
Labor it is taking min 8 months as of today.
I-140 : Please check immigration-law.com first post today. he gave some stats...
more...
divakarr
09-05 10:49 AM
She checked my file over 20 minutes and also talked to her supervisor. they thought USCIS maybe lost my application somewhere. right now, I am waiting response from NSC for my application. I really do not know what need to do.
wish I am the only bad luck one here and good luck to everyone.
wish I am the only bad luck one here and good luck to everyone.
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aat0995
08-01 04:59 PM
Hi Guys (and gals)
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
more...
Jaime
09-14 05:25 PM
To attend the rally:
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
1- I canceled a business meeting - employer didn't like it
2- I moved business travel around the rally, my boss also had to reschedule
3- I am flying in from Texas
Those of us near Washington, it will be so much easier than this for you to make it! Just get in your car or the train and go to DC for the day!
WE REALLY REALLY NEED YOU!!! THIS IS NO JOKE GUYS!!!! PLEASE MAKE UP YOUR MIND AND ATTEND, YOU WILL BE SO GLAD YOU DID! ALREADY WE HAVE SOME GOOD PRESS BUZZ AND ARE BACKED BY HIGHER-UPS LIKE THE GOVERNORS AND SEN. CORNYN WITH HIS LATEST LEGISLATION. NOW ALL WE NEED IS YOU!!!!! PLEASE JOIN US!!!! YOU WILL BE GLAD YOU DID AND WE WILL SUCCEED TOGETHER!!! LET'S GO GUYS! THIS WILL BE HISTORIC!!!!
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talash
10-15 11:47 PM
Sorry to hear about ur denail .I've been through this .Unfortunately u cant fime MTR bacause it has to be within 30 to 33 days of denail depending how u get ur denail notice .U can file an apeal but that will take more time then filing a new 140 and getting spproval .I dont know if u can use old labour .If u can use old labout then better to file new 140 with approved labour .If u cant use old labout then apeal may be batter becaue more n more labours are goin to audit and endless delays .
hope it helps .
hope it helps .
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saint_2010
08-10 12:08 PM
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
:D
Man this is classic!...no wonder why senior members and mods suggest not to call USCIS...:D....please no pun intended...one for the weekend...!
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
:D
Man this is classic!...no wonder why senior members and mods suggest not to call USCIS...:D....please no pun intended...one for the weekend...!
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pamposh
08-07 08:26 PM
would it based on when vermont received application OR when it gets forwarded to NSC or TSC
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perm2gc
12-30 02:46 PM
Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Your questions have been already addressed many times in many threads.Please search the forum.
Thank you
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Your questions have been already addressed many times in many threads.Please search the forum.
Thank you
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mikemeyers
11-07 01:57 PM
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
more...
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fake_id
09-05 04:53 PM
Welcome to reality.
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anilsal
09-14 05:30 PM
when someone working in DC, VA, MD etc says that they will try to make it to the rally because it is on a working day. Come on, give us a break because multiple people are flying from the west coast.
Move your a$$ and get to the rally. You have made enough ruses about not being able to attend the rally.
It makes no sense for you to be the beneficiary of someone else's sweat(in getting legislation passed).
Now show some spine and attend the rally. :)
:D
Move your a$$ and get to the rally. You have made enough ruses about not being able to attend the rally.
It makes no sense for you to be the beneficiary of someone else's sweat(in getting legislation passed).
Now show some spine and attend the rally. :)
:D
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viswanadh73
01-04 08:47 AM
hi gjoe,
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?
tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
golgappa
08-17 09:03 PM
Thanks to all for there replies
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