GCNirvana007
08-23 12:04 PM
Being current means very little. I've been there 3 times over the last few years. 4 years after filing my 485, and 2 RFEs later(each generated during a PD current period BTW) and 3 "currents", I am still waiting. I am on my 5th EAD.
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
You deserve it. Hope Sept 1st brings the real deal for you
So while optimism is good, with the USCIS don't get too hopeful. Incompetence abounds.
You deserve it. Hope Sept 1st brings the real deal for you
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Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
gcmaya
10-30 09:59 AM
Thanks!
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kiran24
06-23 04:48 PM
somebody please reply
more...
EB3_SEP04
01-28 05:43 PM
Folks, please help:
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.
My questions are:
1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?
Thanks in advance.
anu_t
05-09 05:29 PM
coolgc thanks and appericiate your responce.and Thansks for not misunderstanding. My spouce has just completed masters. and may probably do Phd in near future . :)
mpillai ,Got it now. I couldn't think of that point before. I myself 'm eligible for Eb2 but had to file my GC in Eb3 due to rules/regulations and very conservative giant company.
mpillai ,Got it now. I couldn't think of that point before. I myself 'm eligible for Eb2 but had to file my GC in Eb3 due to rules/regulations and very conservative giant company.
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indianabacklog
06-10 01:45 PM
Thanks for encouragement,
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
I did not get the case number from the hard copy but the electronic copy which I can access from my online account information.
I did write my husbands A# on the back of the photo in pencil if I remember rightly but just so that it did not push through the imprint on the photo itself.
Believe in yourself. I filed both mine and my spouse's adjustment of status packet myself and we have our green cards without any requests for evidence. If you have read the instructions and followed them, filled all the blank spaces in on the form and supplied all the other documents etc that are needed you are doing fine. If the USCIS needs anything else they will ask for it.
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
I did not get the case number from the hard copy but the electronic copy which I can access from my online account information.
I did write my husbands A# on the back of the photo in pencil if I remember rightly but just so that it did not push through the imprint on the photo itself.
Believe in yourself. I filed both mine and my spouse's adjustment of status packet myself and we have our green cards without any requests for evidence. If you have read the instructions and followed them, filled all the blank spaces in on the form and supplied all the other documents etc that are needed you are doing fine. If the USCIS needs anything else they will ask for it.
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va_dude
10-07 01:20 PM
I dont think you can extend ur H1b once it has expired.
So just stay on your EAD.
I do remember that i had to re-file the I-9 tax form with my employer once i moved to the EAD. So do the same with your HR.
So just stay on your EAD.
I do remember that i had to re-file the I-9 tax form with my employer once i moved to the EAD. So do the same with your HR.
more...
smsthss
11-15 01:18 PM
In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.
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mr_rajeevsaxena
08-16 07:43 PM
Hello,
Just Curious if anyone got receipt notice for any I485 application with the following:
USCIS Receipt date: July 2nd
Time: 11:34 am
Signed by: B. GERKENSMEYER
Carier: USPS Express Mail
Thanks
Just Curious if anyone got receipt notice for any I485 application with the following:
USCIS Receipt date: July 2nd
Time: 11:34 am
Signed by: B. GERKENSMEYER
Carier: USPS Express Mail
Thanks
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hiralal
12-28 05:42 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Just GO ....and stay for a longer time (atleast a month !!!)...r u a doctor or a nurse ..either way you are in a profession which will always be in demand
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MerciesOfInjustices
02-19 02:51 AM
DLs are all managed at State level, but there is an effort to standardize it. My wife applied for DL/Learner's permit in AZ. We had H4 valid thru Aug 31, and an extension starting Sep 1, but they refused to give us the extended period. Their explanation - the software would not allow it. They could not enter information based on 2 documents because the Notice of the extension did not become effective till Sep 1. We had to go back & get it extended, and they did it without another test. But we had to pay another fee.
And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!
And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!
more...
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martinvisalaw
01-12 02:19 PM
My husband and I are British, not sure if that slows things up or down :)
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
Being British makes it as fast as anyone. India, China, Mexico and the Phillipines are sometimes slower.
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gcdreamer05
08-18 12:40 AM
Dear Attorney,
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
more...
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here4gc
07-17 12:46 PM
Can we get all pending I140 (Stuck from July) and all pending Eb3 and Eb2 (Whose PD Current and no I140) to collaborate and lets talk about a mandamus class action with all of us being members of the class ??
Come'n guys, show some traction...lets FIGHT
Come'n guys, show some traction...lets FIGHT
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srgadi
06-23 01:43 AM
ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
more...
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gc_chahiye
08-15 04:57 AM
Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -
there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.
there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.
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sbnvs@yahoo.com
12-21 09:56 PM
Its mystery. My friend visited one Canadian consulate for VISA interview. He sent his I-171 and DS160 to them in email to get PIMS done before his interview date and they said that they received the documents and noted info & can come for interview. He though PIMS check is done and he can go peacefully for interview.
But today they gave some document saying they need to verify PIMS, so the conclusion is always better to go home country sothat we can have nice time with relatives atleast.
But today they gave some document saying they need to verify PIMS, so the conclusion is always better to go home country sothat we can have nice time with relatives atleast.
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gcisadawg
04-16 04:27 PM
Are there civil surgeons approved by USCIS in India who can do the TB test for her?
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
amsaleem
11-07 07:42 PM
Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.
sankap
07-20 01:21 PM
Bumping
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