nomi
12-12 12:36 PM
Hi Logiclife,
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
Thank you.
I agree with you. There is not logic in any of immigration related laws. I think they should re-write all those immigration laws again and all lawmakers should be Immigrant who can understand all the pain we have coz of these immigration laws. I don`t think any law maker knows "what I-485 is"
Once they approve the 1-140 and that`s it it shuold be all done. AOS
(Change of Status) is all stupid and meaning less. It just money making games for all Attorneys and law makers. All attorneys supports law makers so they make laws where attorney can have maximum benefits from us. These attorneys don`t do anything either about immigration laws coz this is the only way for them to make money.
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crystal
06-30 10:02 PM
i don't think they accept anything on sunday to deliver on Monday. You can call fedex cust rep and find more.
Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.
Thanks
Indra
Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.
Thanks
Indra
thirdworldman
03-11 03:25 PM
By "light linking" do you mean associating lights with specific objects?
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thomachan72
07-05 04:46 PM
Money never, never comes last, IMHO. Money does have its place right beside grass root efforts. Any one who undermines either of them at any time is making a huge mistake.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
I am scratching my head to figure out how IV benefits with non paying members? If you say that by being a member of IV, we have done the honors, I have no answer for you. If you say that we all boast about being a 15K member org, You can pass on me. Are you a proponent of "I dont care how IV benefits from me, All that I care for is if I got my question answered or not " thought process? As long as we see IV only as a forum and compare with other forums, we will never see the invaluable difference. while eulogizing the founders, also try to see what they would like us to do. I am positive they would love more contributions than a simple eulogy so that we can enable ourselves with more ammo. Thanks for the undeserved pat. I will be happy if people take a moment and introspect their stand on this issue.
Friend I dont disagree with you regarding the value of money but we should think in the context of the current situation, right? The CIR is gone for now. It may / may not come back in 2009, who knows. Now we have the 485 filing crisis. You said we have 15000 members. How many of these are actually affected by the current crisis?? I can tell about one person, myself, certainly I am not affected directly. Now if lets say 20% are affected that would be 3000, right? Do you know how many people applied for 485 this time, it certainly is in the 100K or much more numbers. Now if we start being very critical of the few here (approx 3000), who have not contributed, we are making a mistake. I may be completely wrong on these numericals. Lets hope everybody contributes (if IV actually needs fund urgently). Atleast regarding the present crisis we are fortunate the AILF is taking up the case for FREE. People who want to contribute can through IV or even directly. I dont think contribution is going to make a difference here. This is not a lobbying effort involving the pattonbog, this is a legal case in which we are just joining.
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mirage
02-03 05:23 PM
Alright guys you seem to have more Political understanding than I have, that was one reason that I was talking 20 people, I have 6 people now, when we'll talk these things will come, as these 5 people may have your kind of Political knowledge
senthil1
04-06 07:41 PM
Unless the person affected comes forward and tells what happened this will be considered as rumor. It can be posted in forums. I think no action can be taken by IV or anyone if affected person does not come forward .
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
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logiclife
12-26 03:46 PM
I see an increasing incidence of activities/offers/utilities with restrictions, citizen/green card status only, here are some examples, perhaps others can share experiences too:
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
I dont think you need a transit visa for Charles De Gaulle airport anymore. They used to have that if you dont have a valid visa you were going to use for return trip. I think that's gone. It caused Air France to lose a lot of business and they probably got that removed by French Govt.
About AMEX, Discover, Citi issues, I guess the business is theirs to lose. There will always be competition to pick up that demand. If they are going to be picky, they are going to lose a half a million potential customers to someone else. They are not the only ones in creditcard, banking business.
1. I tried to travel to Mexico. if you do not have a GC, here is what you have to do (for many not all nationals, India is on the list):
appear in a consulate (350 miles for me) personally, with all family members present, the consulate will send a request for permission to proccess to Mexico City. then cool your heels at least 6 weeks. Once permission is obtained the entire family reappers in person to apply for the visa.
I chose not to travel.
2. Amex is advertising a glopal trip protection insurance, with the caveat that you may only apply if citizen or GC.
3. I've been a Citibank customer for a decade, and have considerable funds with them, one click of a button opens me a new e-account- except that the fine print says you have to be Citizen/GC to do it.
4. A travel package to Europe offers an incentive- 1 euro for 1 dollar at the hotel....you guessed it! only citizens and GC....
5. i heard someone complain about Discover earlier....they send preapproved offers then reject you if you tell them you are not Citizen/GC. I've had one for years, they happened to send me an approved offer without the question....the whole thing is tragicomic :-)
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle....
I'm not dying to be a permanent resident. I don't consider it my right. I have not taken anyone's job...I was recruited after a long search failed. Since I have joined our practice has grown many fold, my revenue itself has doubled and we have recruited more providers - Americans, incidentally.
But i would love to have a green card as long as i'm here, life would just be easier...
I dont think you need a transit visa for Charles De Gaulle airport anymore. They used to have that if you dont have a valid visa you were going to use for return trip. I think that's gone. It caused Air France to lose a lot of business and they probably got that removed by French Govt.
About AMEX, Discover, Citi issues, I guess the business is theirs to lose. There will always be competition to pick up that demand. If they are going to be picky, they are going to lose a half a million potential customers to someone else. They are not the only ones in creditcard, banking business.
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lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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swamy
08-21 11:35 AM
I received my RFE today and I am totally shocked and in a state of panic because they are asking for a lot of things to be submitted in 30 days and there is absolutely no way at this point that I can get $1000 together for the I-485 Supplement A form, PLUS the money to see a civil surgeon for a medical exam. Those are the two most important forms they are requesting but there are still 3 more forms aside from that. I am also required to show evidence of valid entry which I don't understand. When I came here, I was engaged to be married. I had only my birth certificate and driver's license when I went through customs in 2003. I was not required to have a passport so I have nothing at this point to show them. How do I deal with this to show I did not enter the country illegally? I did not marry my fiance in the end, but I did acquire employment with his relatives and I am still with them. I take care of a disabled person in the home and there is no way they will accept another person at this time. Not after 6 years. This is like family to me now and I can't just expect someone to take my place and do what I do. It doesn't work that way. We already went through the process of offering this position to someone else who was born and raised here and nobody wanted the job. We had one phone call over a 3 week period and nothing came of it. I do not receive monetary wages, I get room and board, therefore I do not have the money I need to submit this supplement A form and the people I live with are not able to just toss out that kind of money either. They also want me to submit evidence that I have maintained non-immigrant status - what the heck is that? I have filed every application that they have requested until now - nothing was ever said about this non-immigrant status stuff. I am confused and totally at a loss.
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
How do I handle this?
They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.
Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
sorry to hear your plight & the reactyion which is a very normal & human one. but uscis deals only with aliens so dont expect them to be humane or have any sense of decency or compassion (or efficiency!)- get a lawyer who can work pro bono and i'm sure they can handle the paperwork for waiving fees etc along with dealing with the nuts at uscis. dont expect sympathy from this forum - these ppl are used to uscis abuses so much (sortof battered wife syndrome) that they've forgotton what the reacion would be when normal human beings go up againts uscis..
I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
I was never aware that I had to submit an I-485 Supplement A form - why? Why has no one told me about this before now? I never saw one thing on the I-485 form that I filled out that a supplement was needed. I was not told I had to see a civil surgeon to submit a medical exam and any CS available is 4 hours away in any direction after checking out the list on the USCIS website. The household I live in is not able to just up and go whenever USCIS demands it and they are making our lives very difficult right now.
How do I handle this?
They say I have 33 days to get this cleared up and without employment for wages, this is impossible. Any previous forms I submitted were ones I was prepared for and I had help from a friend at the time, but that was over 2 years ago and I cannot expect other people to just hand over money now, especially $1000.
I am not leaving this household - there is no way I can abandon the person I live with and entrust them to someone else and there is no way this person would ever stand for that.
Is there anything that can be done to either get an extension or get around the I-485 supplement A? I am not as concerned about the civil surgeon exam, but I don't have a clue how much that will cost and again, I don't know how I will get the money to do that either.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?
sorry to hear your plight & the reactyion which is a very normal & human one. but uscis deals only with aliens so dont expect them to be humane or have any sense of decency or compassion (or efficiency!)- get a lawyer who can work pro bono and i'm sure they can handle the paperwork for waiving fees etc along with dealing with the nuts at uscis. dont expect sympathy from this forum - these ppl are used to uscis abuses so much (sortof battered wife syndrome) that they've forgotton what the reacion would be when normal human beings go up againts uscis..
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chanduv23
09-11 04:28 PM
Yes - lot of people are making last minute plans - GO IV GO
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smuggymba
09-10 06:06 PM
As of 05/10 's inventory report - there were ~200,000 GC application pending across ALL categories.
I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.
If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.
If they open the flood gates and let more applications to come in then this NET reduction is not possible.
more people keep of applying across all categories so the demand is not stagnant, it keeps growing.
I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.
If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.
If they open the flood gates and let more applications to come in then this NET reduction is not possible.
more people keep of applying across all categories so the demand is not stagnant, it keeps growing.
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MDix
02-08 03:42 PM
There is always chance of waste of visas, but i guess CIS is doing ok job from last two years.
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rghangrekar
02-20 04:05 PM
Congrats to Eb2 dudes.....hopefully EB3 will not fall very behind. I am hoping Eb3 keeps moving and gathers pace...
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Hermione
09-26 11:13 AM
No problem. I just wanted to encourage everyone with a strong feeling on H1 increase to post on the CNN site.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
I'm sorry if I sounded like a hypocrite. My interpretation was not to participate in FSB debate for PR visas as the debate was concentrated on H1-B visas.
I support H1-B's and please continue in the debate for H1-B's.
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willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
more...
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kaisersose
07-24 02:05 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
You are right on both accounts.
1. I-140 already approved: Yes. A job offer should be attached with the 485 application as the 485 is your application. Is not including the offer letter grounds for rejection for lack of initial evidence? Probably not. But it is almost certain to invoke an RFE.
2. Concurrent Filing: As 140 is applied by the employer and not by you, that by itself is evidence that at this time, this employer intends to hire you or continue to employ you after GC. No separate letter is needed.
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jayleno
10-15 03:21 PM
I propose Non Co-operation Movement for another flower campaign. I know art imitates life and life imitates art etc. But imitates again and again irritates.
I dont understand how sending flowers is Gandhigiri. Yes, I did watch the movie you are going to refer to, but still its just Munna Bhai Giri.
I dont understand how sending flowers is Gandhigiri. Yes, I did watch the movie you are going to refer to, but still its just Munna Bhai Giri.
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dkjariwala
04-08 11:32 PM
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
eb3retro
08-17 01:31 PM
As I said previously, just chill out.Let me give all you guys some advice whether you want it or not.You guys are just busy speculating about something which you guys have no idea about.As a result all you guys are doing is getting worked up and trust me this nonsense is not helping you one bit.
If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.
You have no idea how dates will progress,so to reiterate once again just chill!
Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..
If you are giving some factual help with how to file,procedures etc it is one thing, baseless speculation will get you nowhere.If you think I am not in the same boat as the majority of you-- you are mistaken.It is just that I try to stay positive while you guys keep whining.We all know the system is not working fairly for Indians even though we are bright,intelligent and law abiding folks.
You have no idea how dates will progress,so to reiterate once again just chill!
Pray, just an fyi - what I meant as nonsense is "not we talking abt predicting priority dates"..but you saying EB2s are clever than EB3s. Do you have any idea of what you are saying? The very fact that you are not able to understand what we are discussing here shows how much clever you are..
gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
