addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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Ramba
10-21 04:07 PM
How can USCIS can judge the legitimacy of the intent of the applicant - it can be very subjective and depend a lot on the way visa officer interprets. For example how long after six months is considered a "long wait"?
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
There will be always some descretionary powers to visa adjudicators but AC21 guidelines and associated memo's are detailed enough to give a clear explanation that once I485 is pending for six months, the applicants underlying I140 is valid (if its revoked or if it is not yet approved) and I485 continue to be processed - as long as the new job is same or similar. One thing that is not clear is the definitions of this same/similar job thing. We all expected some hiccups based on this interpretation. But the rejection of I485 (and subsequent MTR) based on I140 revocation is something that came out of blue and the number of these cases makes it really scary.
It is tricky. The intent can be proved only by how long the employee has worked for sponsor. If he/she worked considerable period (lets say for 2-3 years in non-immigrant visa (H.L,E) before filing 485 and worked for about 1 year after filing 485) then, it is very easy for the employee to prove his/her intent to have a permanent employment relationship with sponser, if employer try to revoke 140 based on the fact that employee does not have intent. The longivity of the employment relationship with sponser is a great proof. Some people are abusing (by misguidence of few lawyers, as they claim GC is for future job) AC21, without even working for single day with sponser, trying to get GC. USCIS may be controlling that kind of abuse.
One historical background reason for AC21 is that, in 2000, even though all catagories are "current", INS was very slow in approving 485. The delay for approval of 485 in year 2000 is caused by USCIS poor customer service. It took atleast 2 years for 485 approval, though the visa numbers were continously available for the entire 2 years. Therefore, the AC21 is an incentive for USCIS delay.
Now, if the visa numbers are continously available (for example EB1, EB2-ROW) USCIS is approving 485 within 6 months, except july 07 fiasco surge. So now AC21 users are only those who suffers in retrogression, not by USCIS administartive delay. That may be the another reason why USCIS becoming hard on AC21.
fromnaija
06-01 05:02 PM
All this is speculative. Nothing is firm until this becomes law. Nobody knows what the final version will be as there are tons of amendments trailing this bill.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
The current form of the bill states that only those with approved I-140 as of date of introduction will be processed under existing laws. Those with approved LC who filed 140 after the introduction date will have to re-apply under the merit based system.
I have a question here. If this bill becomes law in its current form what happens to those I-140 filed on May 15, 2007 itself. Can they saty in old system or they have to go to the new system ? I looked into AILA interpretation but its not clear about those are filed on May 15, 2007 itself.
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yoda
09-13 05:32 PM
Last 24 hours had been more intense but fruitful ...
Sent to 30,000 press worldwide
Is there any media organization left to be notified? :)
Sent to 30,000 press worldwide
Is there any media organization left to be notified? :)
more...
santb1975
05-24 07:19 AM
Please contribute
hpandey
03-04 01:41 PM
I am on H1 and AOS and I refinanced my house at 5% . There were no issues and no questions. Just all the usual documents - W2 , paystubs etc etc . It was with a local bank too and not with any high profile institution.
more...
sam2006
07-19 12:53 AM
thank you :)
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
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AllVNeedGcPc
04-17 09:44 AM
Enjoy these moments.
Please when ever you get some time can you answer couple of my questions.
1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?
Here's my journey so far.
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Waiting again...
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
Please when ever you get some time can you answer couple of my questions.
1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?
Here's my journey so far.
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Waiting again...
I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey
1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006
2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007
3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)
4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011
5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)
6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)
Wish the very best to everyone else waiting on the GC line.
more...
hebron
10-22 10:00 AM
Hi 9Years and VayuMahesh,
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
Thanks for the info. This helps people who are planning to port.
1. Did you refile under EB2 with the same employer? If so, would you mind sharing details - job description used for EB3 and EB2? I have an MCA from India with 12+ years of experience. My current employer filed my GC under EB3 (PD 2004), job description used was Software Engineer. I was promoted since then to Principal S/W Engineer and I was hoping I could ask my current employer to refile under EB2. But my attorney says that it is risky since the current job description of Principal Software Engineer has to be different from Software Engineer by atleast 50%.
2. Did you get any RFE during the new PERM or I-140?
It will be of great help if you could advice.
Thanks in advance!
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hpandey
08-13 03:55 PM
What they are calling HEAVY DEMAND from EB-3 when it has been unavailable for the last two months and before that it was stuck in 2001. There are a whole lot of visas going to EB-2 people who filed in 2006 just two years back . If a person who filed in 2001 can't get his GC compared to a person who filed in 2006 then I don't think there is any hope .
I don't find their statement acceptable . There is demand only if there is supply . If the supply is zero how can there be demand ? Even if they allocated one visa to EB-3 and there were 10 people in the line before the cut-off date that could be called heavy demand.
I don't think the Congress is going to act until after the elections ( assuming they ever do anything to bring us relief )
I don't find their statement acceptable . There is demand only if there is supply . If the supply is zero how can there be demand ? Even if they allocated one visa to EB-3 and there were 10 people in the line before the cut-off date that could be called heavy demand.
I don't think the Congress is going to act until after the elections ( assuming they ever do anything to bring us relief )
more...
Totoro
05-02 10:09 AM
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
I agree.
Many of the military families affected only earn $25,000. I find it repugnant when
someone shows how little he cares about his fellow human beings.
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boreal
07-06 12:35 AM
You need to change the SUBJECT also...
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
DUGG
/***
FBI fingerprint bumping and checks are IGNORED for IMMIGRANTS - Can not believe it ? This is called HOMELAND SECURITY ???
How come USCIS / DOS can ignore CRITICAL FBI name check steps ?
***/
DUGG
more...
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TO BE OR NO TO BE
10-19 01:03 PM
Hello,
My wife's NJ license expired too and so was her EAD last month when we went for License renewal (Sept 2010). We had already applied for her EAD renewal which was in process a couple of days before we went.
It was renewed till Feb of 2011.
I would suggest you to take the following along with other stuff (to make up the 6-point ID):
1. Whatever I-94 that is attached in your PP.
2. Your expired EAD card.
3. Your EAD renewal receipt.
4. Just take along H-1B renewal receipt too (but it will not be of any help really).
We went to Wayne DMV in Passaic county (NJ).
Hope you get your license back soon.
Hi
I went to DMV this morning in Monmouth County, they reluctantly gave me a three months license till mid Jan 2011. I will have to wait till either EAD or H-1B to come back before that.
Thank you very much!
My wife's NJ license expired too and so was her EAD last month when we went for License renewal (Sept 2010). We had already applied for her EAD renewal which was in process a couple of days before we went.
It was renewed till Feb of 2011.
I would suggest you to take the following along with other stuff (to make up the 6-point ID):
1. Whatever I-94 that is attached in your PP.
2. Your expired EAD card.
3. Your EAD renewal receipt.
4. Just take along H-1B renewal receipt too (but it will not be of any help really).
We went to Wayne DMV in Passaic county (NJ).
Hope you get your license back soon.
Hi
I went to DMV this morning in Monmouth County, they reluctantly gave me a three months license till mid Jan 2011. I will have to wait till either EAD or H-1B to come back before that.
Thank you very much!
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Libra
07-06 05:17 PM
All -ve thinking and -ve posts guys one more victim is waiting for your stinking comments go ahead and enjoy by discouraging others
http://immigrationvoice.org/forum/showthread.php?t=6156
http://immigrationvoice.org/forum/showthread.php?t=6156
more...
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gccube
07-18 02:59 PM
Donot they limit to the apps with current PD. So if some one with PD 2001 Jan filed on July 15th 2007, he would not get his visa no until all the other guys filed with much later PDs got their GCs?
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chanduv23
09-16 07:04 PM
Hi,
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
1st time contributor to IV. Here's the Paypal Confirmation #: 6R998807RX0308502.
Plan to join the rally with my toddler. Best wishes to IV and good work Milind123.
Thanks for the contribution and for attending - your toddler is a hero
more...
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Dakota Newfie
03-18 09:08 AM
Someone correct me if I'm wrong, but I believe the "SSN Rule" is meant to keep the illegals form getting the rebate?? Ironically, a lot of them are working using "valid", although stolen, SSN numbers anyway so they'll probably still get it if the IRS doesn't have any other way of weening them out? Again, the legal immigrant community gets punished (indirectly) for the misgivings of the illegals. Just my rambling thoughts...:cool:
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vbkris77
02-24 12:14 PM
With US becoming in-tolerant to Legal immigration, Australia moving to toughen rules, BNP winning seats in UK, Singapore curtailing immigration, India denying visas and the list continues..
It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.
I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.
I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.
This year H1B quota is an eye opener. I think the trend continues next year and year after.
But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.
Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.
Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.
It is clearly the order of the day.. We human beings forgot that it is basic human right to immigrate as recognized by UN. We are on verge of becoming herding animals if not more restricted.
I hope things change. But I think it is going to change by the time most people don't care anymore about immigrating.
I have seen/heard of Indian elite university students declining US offers just to avoid immigration headaches.. My close friends back in India are kind of joking about those waiting in the line just to get the papers filed to move to any other country than India.
This year H1B quota is an eye opener. I think the trend continues next year and year after.
But most of the times, all governments realize about the ground reality only in the end when the damage is made, not when it started.
Such thing can never happen. Also, don't lose hope. Look at how the world was before. Slavery, racism, castiesm, untouchability, intolerance, poverty etc.... it has always been a struggle to navigate through all these barriers and we are still navigating.
Basically the attitude is "when my house is burning why should I accomodate these people" - it is how the world is and we have to navigate.
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add78
06-20 10:30 AM
Is there no one here who has a few $ to donate to the organization that gave them so much back, just think about how lucky some of you were to be able to file 485 last july! That alone should be enough reason to donate! Please, please give back to the community that gives you so much in return!
Do what you can
At least do the action items and call the representatives.
Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.
Thank You.
Do what you can
At least do the action items and call the representatives.
Thousands of legal immigrants waiting in EB queues and yet we can't reach even $20K. Let's change this perspective. Please donate in your good conscience.
Thank You.
susie
07-08 11:12 PM
Hi
Expatsvoice has written is own draft legislation to amend the CSPA, as it is badly written, confusing to many including attorneys and Geoff Gorsky, head of VO and does not protect all children from aging out
This legislation has been passed from Dave Weldons office to his legislators in Washington, we are awaiting to hear the outcome
Also expats voice are being interviewed for a 6 week radio program on all problems relating to US immigration. will try and update here when I get any news
Expatsvoice has written is own draft legislation to amend the CSPA, as it is badly written, confusing to many including attorneys and Geoff Gorsky, head of VO and does not protect all children from aging out
This legislation has been passed from Dave Weldons office to his legislators in Washington, we are awaiting to hear the outcome
Also expats voice are being interviewed for a 6 week radio program on all problems relating to US immigration. will try and update here when I get any news
dwhuser
02-23 10:45 AM
Me too. Actually , when the movement is not systematic and the gates are wide open, then they randomly pick up the cases and approve whatever file comes to them. The ones with older PDs suffer a lot while the ones with new ones get their GCs.
I totally hear ya.....
I totally hear ya.....
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