desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
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snathan
03-09 03:59 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
ItIsNotFunny
05-14 06:00 AM
__________All Other________ China _________ India __________ Mexico _______ Phillipines
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
Woke up too late! :)
EB-1_________ C ____________ C ____________ C ____________ C ____________ C
EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03
Everything else is current.
Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
Woke up too late! :)
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kirupa
03-27 01:30 AM
gesfox - added :)
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ash27
04-01 01:21 PM
Is there any clause that for AC-21 to be valid, a full time offer is required? The offer letters provided by companies like TekSystems are more contract based and you basically get paid/hour.
Please advice!
Please advice!
diptam
08-03 07:33 PM
You are OK as long is 140 is approved and 180 days have passed since Filing 485... BUT
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...
Thanks,
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
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redgreen
10-08 06:26 PM
Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.
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TeddyKoochu
05-19 03:09 PM
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
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imcdude
09-19 07:23 PM
Please check with your attorney on this issue.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
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yganreddy
06-16 08:40 PM
Hi Guys,
My personal experience on this. In my case I found a positive skin test and went for X-ray scan. In xray scan they found a module and USCIS doctor is reluctant to give a 693 until I got clearance from PCP. I researched a lot on this and found that positive skin test might be because of different bacteria in body which may cause to bump and not exactly the TB bacteria. There is a new test called TB gold test, where they will specifically test for TB bacteria in blood sample. This was negative in my case and got a result from pulminology department. USCIS approved doctor gave 693 after reviewing it. My GC got approved without any problem. Accuracy in tb gold test is 97% where as skin test is 70 to 80%. I agree the volume of tests are less but the new technology is more accurate than the old. Hope this helps.
Thanks
My personal experience on this. In my case I found a positive skin test and went for X-ray scan. In xray scan they found a module and USCIS doctor is reluctant to give a 693 until I got clearance from PCP. I researched a lot on this and found that positive skin test might be because of different bacteria in body which may cause to bump and not exactly the TB bacteria. There is a new test called TB gold test, where they will specifically test for TB bacteria in blood sample. This was negative in my case and got a result from pulminology department. USCIS approved doctor gave 693 after reviewing it. My GC got approved without any problem. Accuracy in tb gold test is 97% where as skin test is 70 to 80%. I agree the volume of tests are less but the new technology is more accurate than the old. Hope this helps.
Thanks
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GotGC??
05-15 12:03 PM
Thanks for your reply.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
My understanding is there can be only one AOS at any time.
- So if the AOS is applied based on the EB3 140, can another AOS be filed based on EB2?
- If a AOS has been applied based on EB3, can it be "upgraded" to EB2 ??
Thanks.
Not an expert but my guess is this window of opportunity will exist till next Fiscal year's bulletin is out i.e around 10th sep 2007. If you haven't already filed 485 you are unlikely to be approved during the window. I would go with aggressive approach i.e file based on pending EB2 and upgrade to PP. If you want to be conservtive because you never know if the porting will be accepted or not, or if it may add more delay just file eb3 485 right away, take the beneifts like ead etc.. and later port if retrogressed.
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logiclife
10-17 03:00 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
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makemygc
06-22 11:18 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.
My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.
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rb_248
09-08 09:17 PM
Cograts!! rb_248..
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:
Thanks. No LUDs. Just got it in the mail straight. Try contacting your senator or congressperson.
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rnvd
10-30 04:41 PM
Hi rsdang,
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
Its not with AdvanceParole. Because i had I-94 mistake in the past. It may reflect in their systems but USCIS already apporoved my H1b.
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cagedcactus
06-11 12:53 PM
Hmmm....
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
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scorpioduo
10-14 03:42 PM
Hi all,
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
I have to go to India on 1st jan , 2009 for 2 weeks , for my brother's marriage on jan 14,2009, but my existing advance parole expires on jan 12 2009.
I have filed for the renewal of advance parole but I want to know as to what other option do I have , if I dont get my renewal advance parole by jan 1st ?
If my AP expires on jan 12th and I come back on jan 16th and tell the customs agents that i have applied for a renewal and just didnt get it before I left, is that acceptable?
Thanks for your help in advance!
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krishmunn
01-05 12:55 PM
They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
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Krilnon
03-04 11:06 PM
I don't understand why anyone would want to let Kirupa have any control over this site.
yodamom
August 27th, 2004, 08:08 AM
I agree with Anders - I want my phone and my camera to be separate. Picking up my phone to take a pic makes about as much sense to me as picking up my camera to call someone.
TomTancredo
12-10 03:05 PM
GC Title : Jr. Programmar Analyst
GC Job Desc:
Assist Programmer Analyst in researching, designing and developing softare for various business problems using J2EE and
object-oriented design principles and technologies including UML and Watenall models, and RUP process. Assist in testing
softare solutions using Java, J2EE, JSP, Struts, Servlets, Swing on Unix and Windows NT. Assist in developing softare for SQL
Qureies and stored procedures on SQL Server and Oracle. Provide test cases and other documents in CMM 5 standards.
AC 21 Job Title: Lead Software Engineer
Job Desc:
Description
Formulates/defines system scope and objectives for assigned projects.
Devises or modifies procedures to solve complex problems considering
computer equipment capacity and limitations, operating time and form of
desired results. Prepares detailed specifications from which programs will
be written. Responsible for program design, coding, testing, debugging and
documentation. Duties include instructing, directing and checking the work
of other systems analysis and programming personnel. Responsible for
quality assurance review. May be responsible for project completion and
user satisfaction.
Qualifications
5+ years of analysis, design and development experience in enterprise scale
business application using Java,Websphere and SQL in a team and structured
environment.
Code in Java using J2EE standard, WebSphere application server
Code using SQL in RDBMS environmen
Strong analytical and problem-solving skills
Required:
Java, J2EE, Struts, JSP, SQL Server, Websphere or Weblogic
B.S. or M.S. Degree in Computer Science or related fields
I am changing the jobs come what may after 180 days and decided not to worry about as future employer is sponsering the H1.
Here are the details of GC
PD : SEP 2004 EB3 INDIA
140 approved
485 filed on july 2nd and counting the 180 days :)
just do it guys , we think too much about this BS and lose happiness in the end do whatever make you happy now. If we have to leave we have to leave. If you consider yourself a sucess in america, you would be in your home country too :)
GC Job Desc:
Assist Programmer Analyst in researching, designing and developing softare for various business problems using J2EE and
object-oriented design principles and technologies including UML and Watenall models, and RUP process. Assist in testing
softare solutions using Java, J2EE, JSP, Struts, Servlets, Swing on Unix and Windows NT. Assist in developing softare for SQL
Qureies and stored procedures on SQL Server and Oracle. Provide test cases and other documents in CMM 5 standards.
AC 21 Job Title: Lead Software Engineer
Job Desc:
Description
Formulates/defines system scope and objectives for assigned projects.
Devises or modifies procedures to solve complex problems considering
computer equipment capacity and limitations, operating time and form of
desired results. Prepares detailed specifications from which programs will
be written. Responsible for program design, coding, testing, debugging and
documentation. Duties include instructing, directing and checking the work
of other systems analysis and programming personnel. Responsible for
quality assurance review. May be responsible for project completion and
user satisfaction.
Qualifications
5+ years of analysis, design and development experience in enterprise scale
business application using Java,Websphere and SQL in a team and structured
environment.
Code in Java using J2EE standard, WebSphere application server
Code using SQL in RDBMS environmen
Strong analytical and problem-solving skills
Required:
Java, J2EE, Struts, JSP, SQL Server, Websphere or Weblogic
B.S. or M.S. Degree in Computer Science or related fields
I am changing the jobs come what may after 180 days and decided not to worry about as future employer is sponsering the H1.
Here are the details of GC
PD : SEP 2004 EB3 INDIA
140 approved
485 filed on july 2nd and counting the 180 days :)
just do it guys , we think too much about this BS and lose happiness in the end do whatever make you happy now. If we have to leave we have to leave. If you consider yourself a sucess in america, you would be in your home country too :)
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