rsharma
07-03 01:45 PM
Thanks lazcis. I would like to know if a person who has H1 valid until jan 1, 2009, files for AOS on oct 5, 2008 and then goes out of the country in Dec 08 and get paroled into the U.S as "AOS" in his/her I-94, using AP. What happens to this person...is he/she still deportable even though that person is now officially on AOS.
Gurus, please comment as I am sure there are a few of us in this category.
I am not a lawyer and not a guru. However I am stating my understanding from this new memo.
Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
1. End of the date mentioned in the I94 when peroled in to US.
OR
2. Decision is made on his/her I485 petition.
From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.
Gurus, please comment as I am sure there are a few of us in this category.
I am not a lawyer and not a guru. However I am stating my understanding from this new memo.
Based on the example Sunny has provided, this person will be under parolee status till (whichever occurs earlier)
1. End of the date mentioned in the I94 when peroled in to US.
OR
2. Decision is made on his/her I485 petition.
From then onwards he will be deportable if his/her I485 is denied. Then his illegal presence will be counted from the next day of either 1 or 2 (mentioned above) whichever occured first.
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gc28262
01-14 08:27 PM
.................................................. ...........................................
.................................................. ...........................................
Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards.
.................................................. ..........................................
If we reapply under this section, we will be competing with the massive illegal-to-AOS guys based on our Receipt date for adjudication.
If we get recapture provision in this bill ( most likely ), that would be our best bet.
.................................................. ...........................................
Lets see how much of this bill actually makes it out. As far as I can see, I am prefectly fine with refiling my application under this new category. The hell with EB based green cards.
.................................................. ..........................................
If we reapply under this section, we will be competing with the massive illegal-to-AOS guys based on our Receipt date for adjudication.
If we get recapture provision in this bill ( most likely ), that would be our best bet.
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mjdup
03-27 05:09 PM
PCS,
you have accomplished a lot ! congrats, I also vote for PCS.. let's do a voting as they do in judiciary committee..I'm very confident that PCS would be a great representative.
you have accomplished a lot ! congrats, I also vote for PCS.. let's do a voting as they do in judiciary committee..I'm very confident that PCS would be a great representative.
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malibuguy007
04-02 08:14 PM
Cmon friends IV needs all the monetary help to get us all there.
more...
visli_com
09-11 05:45 PM
Yes , I bought house,2007. PD aug2003 EB3
syedajmal
09-22 04:55 PM
called all of them except those not in favor
more...
eb2dec2005
09-23 10:37 AM
Called all the congressmen from Texas.Would continue calling the rest on the list.
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EkAurAaya
06-12 06:01 PM
There is definitely something missing here. You are either not saying the complete truth, OR your wife is not supporting you, OR you are suspecting that she will testify against you.
I agree with you, i think he is in deep s.... and the whole trying to type broken English thing is also fishy (in my opinion its on purpose)!
This guy has been in the country for more then 3 years (at least - based on his h1 being valid till 2011 which means recently extended)) on a work visa and cannot communicate a simple fact that they were fooling around and he didnt intend any harm (if that is the fact).... HE must be really really good at what he does at work for his company to keep him!
But to give the benefit of the doubt and innocent until proven guilty - I wish him luck!
I really hope i m wrong in judging you... and seriously I wish you all the best if you are being honest about the whole thing.
I agree with you, i think he is in deep s.... and the whole trying to type broken English thing is also fishy (in my opinion its on purpose)!
This guy has been in the country for more then 3 years (at least - based on his h1 being valid till 2011 which means recently extended)) on a work visa and cannot communicate a simple fact that they were fooling around and he didnt intend any harm (if that is the fact).... HE must be really really good at what he does at work for his company to keep him!
But to give the benefit of the doubt and innocent until proven guilty - I wish him luck!
I really hope i m wrong in judging you... and seriously I wish you all the best if you are being honest about the whole thing.
more...
svgupta
04-12 11:52 AM
I think this has been discussed on some other thread.. would it be a good idea to make the contributions public.. may be, this encourages others to contribute, when they realize how much more is needed to reach the monetary goal.
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prolegalimmi
03-27 08:43 PM
Wow PCS, your case is great example!!!
I vote for PCS
My vote goes to PCS for now.
I vote for PCS
My vote goes to PCS for now.
more...
bestofall
06-25 03:25 PM
Guru s
I have a question on my wife' AP renewal
My wife would like travel to India and come back in November or Dec 2008.she would like to leave on August Last week
Any way we would like appy for renewal of AP , the current which expires on Oct 30 2008.
Let us say if we apply for AP Renewal July 2- or July 3 , the new AP may come before her Journey date Augut 2008 , OR It may not come before her Journey date Augut 2008 .
Since her current AP expires on Oct 30 2008 , Does she need to come back to USA before Oct 30 2008 ? or can we mail extended AP to India , if she is travelling back after Oct 30 in November or December
please advise us , accordingly we will make travel plans
1. ..If we can mail the her New Advance Parole document to India.
2. Can she Leave the country while her AP in Process
I have a question on my wife' AP renewal
My wife would like travel to India and come back in November or Dec 2008.she would like to leave on August Last week
Any way we would like appy for renewal of AP , the current which expires on Oct 30 2008.
Let us say if we apply for AP Renewal July 2- or July 3 , the new AP may come before her Journey date Augut 2008 , OR It may not come before her Journey date Augut 2008 .
Since her current AP expires on Oct 30 2008 , Does she need to come back to USA before Oct 30 2008 ? or can we mail extended AP to India , if she is travelling back after Oct 30 in November or December
please advise us , accordingly we will make travel plans
1. ..If we can mail the her New Advance Parole document to India.
2. Can she Leave the country while her AP in Process
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vin13
08-04 11:43 AM
The fact that India and china priority dates are same for EB-2 suggests some spill over has already occured from ROW. We just do not know how much more spill over is possible.
more...
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patilabhijit
09-26 03:07 PM
Hi All,
FYI for you'll. I e-filed mine and wife's on June 6 at NSC lockbox in Phoenix. Opened a SR for both on Sept 7. Got approval emails for both of them Friday Sept 24. Also gotten soft LUD's on both applications a couple of days before the approval emails. If anybody needs more information, please let me know.
Thanks!
FYI for you'll. I e-filed mine and wife's on June 6 at NSC lockbox in Phoenix. Opened a SR for both on Sept 7. Got approval emails for both of them Friday Sept 24. Also gotten soft LUD's on both applications a couple of days before the approval emails. If anybody needs more information, please let me know.
Thanks!
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reachinus
08-11 07:32 AM
I called the atty. firm which posted the Visa Bulletine and they are saying its a ture bulletine and its from an inside source.
more...
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inspectorfox
08-27 04:11 PM
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
In some situations you would want to delay filing of your H1 extension.
I did exactly this as my I140 has been delayed in background check since October 2006. I did not want to rush with filing my H1 extension as I could benefit from getting a 3 year extension instead of 1. Unfortunately USCIS never took a decision on my I-140 case till date even after I upgraded to premium processing in June. I filed for my H1B extension in regular processing on the very last day hoping I would see a I140 approval.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
In some situations you would want to delay filing of your H1 extension.
I did exactly this as my I140 has been delayed in background check since October 2006. I did not want to rush with filing my H1 extension as I could benefit from getting a 3 year extension instead of 1. Unfortunately USCIS never took a decision on my I-140 case till date even after I upgraded to premium processing in June. I filed for my H1B extension in regular processing on the very last day hoping I would see a I140 approval.
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SKR07
04-21 01:43 PM
If you stay 6 months everytime and stay shorter durations in home country, then it might create problem at POE.
more...
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roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
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tertip
10-24 06:39 PM
Shimul 99,
When did you report for your biometrics (FP)? I'm also a 7/2 filer and my FP is scheduled for 11/3. Just wanted to see how fast an approval could be given after a FP. I hope more of us will get lucky like you.
When did you report for your biometrics (FP)? I'm also a 7/2 filer and my FP is scheduled for 11/3. Just wanted to see how fast an approval could be given after a FP. I hope more of us will get lucky like you.
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nashim
06-30 01:48 PM
Is finger print required for AP efiling? thanks
rpeter
10-05 02:08 PM
I just sent an email to WSJ telling them to correct their misrepresentation.
anu_t
06-18 11:47 AM
:( :( Another important question is: Will USCIS allow AC21 without an approved EAD?
Why wouldn't they?:confused:
Why wouldn't they?:confused:
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