Lihkin
02-26 04:27 PM
Hi guys. Sledge- I think she clearly says (in caps) that her PP does NOT have CWOP stamp. Hence she is asking for help. :)
Cheers,
Nik
Cheers,
Nik
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shree772000
11-04 04:57 PM
But I think it's thanks to CBN who pulled the consulate to Hyd when they were debating to have the consulate in Hyd or Bangalore. From what I know YSR govt just boomed up the realty prices but nothing else, though realty went up in other parts of the country too.
PS: I'm not very sure but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)
Thank you.
Can CBN get us green cards too? :D
PS: I'm not very sure but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)
Thank you.
Can CBN get us green cards too? :D
rajenk
10-19 11:21 AM
OP,
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
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ss777
10-07 03:05 PM
I too got transfer mails in April 2008. TSC to NSC to TSC. But when I last checked at infopass they said its at NSC. In April 2009, my approved I-140 is also transferred from TSC to NSC. Last month when I checked at infopass, they said 140 is in "Transit".
Dont know how and where it will end up?
Dont know how and where it will end up?
more...
kshitijnt
06-03 06:27 PM
zaara dhek kar reply kar na yaar..
the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...
Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.
the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...
Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.
rama0083
03-07 12:31 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
more...
BECsufferer
02-12 09:02 AM
Totally support this. However as someone pointed above, please keep message short, cordial, respectfull, positive and patriotic ( towards US).
I differ on describing, how much we make, instead how and what we contribute to nation. My sugestions, describe briefly if you are in;
Medical Profession: Highlight how your service in under-previliaged area is uplifting life of patients and neighborhood.
IT: How your work and company is making the nation more competent and advanced
Automotove: How your work will realize green car revolution and create factory jobs
Infrastrucutre/ Others: Same as above
Aerospace/DEfense: How you are supporting our troops protect nation.
Any other industry I missed, please fill in for yourself. Again be positive, cordial and no-demands.
I differ on describing, how much we make, instead how and what we contribute to nation. My sugestions, describe briefly if you are in;
Medical Profession: Highlight how your service in under-previliaged area is uplifting life of patients and neighborhood.
IT: How your work and company is making the nation more competent and advanced
Automotove: How your work will realize green car revolution and create factory jobs
Infrastrucutre/ Others: Same as above
Aerospace/DEfense: How you are supporting our troops protect nation.
Any other industry I missed, please fill in for yourself. Again be positive, cordial and no-demands.
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transpass
02-19 05:44 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
more...
mdy_tvr
08-17 04:49 AM
Guys,
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
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jonty_11
09-21 03:07 PM
u have to be in a similar at time ur GC gets approved..if not then it will be rejected..
in shorrt u have to find another job
in shorrt u have to find another job
more...
enthu999
07-17 06:17 PM
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.
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.
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.
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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chanduv23
08-02 05:55 PM
Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Same day passport collection - you gotta be lucky to get it on the same day.
Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.
You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.
Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.
Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?
thanks
Same day passport collection - you gotta be lucky to get it on the same day.
Passports arrive at VFS in batches every 2 hours or so, in general, you get it the next day, you maybe lucky and get it the same day.
You have to wait from 2 to 4 pm at VFS office for passports to arrive in Alwarpet.
more...
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pthoko
08-04 04:27 PM
The thing is that re-entry using AP does not wipe out previous out-of-status issue as per the 245(k) memo
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jatinr
09-23 04:15 PM
i too remember reading postmark doesnt matter it should be received by 17th
I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
.
I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
.
more...
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ngopikrishnan
04-06 08:09 AM
sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
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shana04
08-05 01:50 AM
Dear IVans,
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
After opening 3 SR's and letter through Attorney and finally infopass appointment (not yet done) got the FP notice for my self today (for the first time and applied for EAD renewal).
My dependent (my spouse) has not received her FP notice yet.
Questions:
1. FP is scheduled for Aug 16 2008 (which is Saturday) and is it common to have FP notice scheduled over the weekend in Dallas TX.
2. My spouse did not receive her FP notice, can I take her along with me for the appointment with all the Recipts (I mean all the req docs), will that work
3. And I have infopass appointment on Aug 12 would that help in finiding more details about my case?
Gurus, Please answers/provide your experience/suggestions to the above questions.
Last but not the least, I would like to thank all those who have suggested me in opening SR, take help of attorney, and to take infopass.
I would also like to thank (posted on other thread) who has suggested to called FBI to find out details, which has really helped me.
Hope this completes my cases.
Good luck to all and my best wished to every one (EB2 & EB3) mates.
more...
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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
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saimrathi
08-02 01:40 PM
I dont think there is anway of tracking money orders from USPS..
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
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getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
GCInThisLife
07-18 01:46 PM
I485 gets processed in the order of 485 RD. If cut-off dates are 'current' PD does not matter. However, if the dates are retrogressed, visa numbers would be allocated for all pre-adjucated (screening, security checks etc are completed) in the order of Priority Date so PD does matter and in fact cut-off dates would be determined based on available visas and number of pre-adjucated (already filed) cases.
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
pixi
09-13 07:51 PM
Guitarzen - I think its an awesome idea(not the first), but on the right track.
In my experience: A flash UI to allow clients to create mockups IS A WICKED IDEA, We did the same.. created a client interface for planning, laoyut and colour schemes.... similar to what you have done but on a larger scale..
All I can say we failed for a number of reasons,...that clients generally want you to use your experience in communicating their brand to the world ( thats why they pay u). The more clients interfere, the more the channels of communication get closed by their involvement.If however you were to after some research approach the same client and propose a full solution using your knowledge of markets and how to make them money, and build their brand.. u got the signature on the dotted line.
Its no longer a case of a 15 year old in is bedroom pasting images and text on a blank page- as the same care and attention to consumer taste and choice in a new market ( the internet) .
I guess what I am trying to say is: this is more aimed at designers wanting to quickly mock-up layouts for clients. Clients themselves want U as a designer to creatively sell their idea or product. With a little more work on the UI, and focused targeting this could grow into something great for newgbie designers wanting to create simple layout schemes and content placement diagrams?
Athough..... the point of flash surely is to allow creative ideas to flourish outside of the constraints of HTML / block driven content
unfortunately any applcati0on always has its limits creatively (flash included) - but logic built applications always will give a creative team more headaches if it is available to businesmen with what they think is a "creative vision" for their company " oh and can we make it all in cornflower blue?" perhaps it would be better suited to studios wishing to create layouts o nthe fly?
Keep going, its looking great..( am I making sense?....3am - two eyes one skull-hole- bed soon. :ninja: )
In my experience: A flash UI to allow clients to create mockups IS A WICKED IDEA, We did the same.. created a client interface for planning, laoyut and colour schemes.... similar to what you have done but on a larger scale..
All I can say we failed for a number of reasons,...that clients generally want you to use your experience in communicating their brand to the world ( thats why they pay u). The more clients interfere, the more the channels of communication get closed by their involvement.If however you were to after some research approach the same client and propose a full solution using your knowledge of markets and how to make them money, and build their brand.. u got the signature on the dotted line.
Its no longer a case of a 15 year old in is bedroom pasting images and text on a blank page- as the same care and attention to consumer taste and choice in a new market ( the internet) .
I guess what I am trying to say is: this is more aimed at designers wanting to quickly mock-up layouts for clients. Clients themselves want U as a designer to creatively sell their idea or product. With a little more work on the UI, and focused targeting this could grow into something great for newgbie designers wanting to create simple layout schemes and content placement diagrams?
Athough..... the point of flash surely is to allow creative ideas to flourish outside of the constraints of HTML / block driven content
unfortunately any applcati0on always has its limits creatively (flash included) - but logic built applications always will give a creative team more headaches if it is available to businesmen with what they think is a "creative vision" for their company " oh and can we make it all in cornflower blue?" perhaps it would be better suited to studios wishing to create layouts o nthe fly?
Keep going, its looking great..( am I making sense?....3am - two eyes one skull-hole- bed soon. :ninja: )
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