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.
wallpaper of Florida Gators
amitjoey
07-13 04:33 PM
In the past, we have sent emails and webfaxes to senators only to get canned- pre typed responses. Recently, I have realised that senators favour written letters, posted (with postage stamp) especially if it comes from constituents from their state. Same with house reps. I have talked to my senator's staff and they have advised me to write a letter. The staff member said, letters are always read, and responded.
Senator will send an inquiry to the appropriate agency. This will create an impact, if all of us write letters. I have written a letter about USCIS Visa- flip flop to my senators.
Senator will send an inquiry to the appropriate agency. This will create an impact, if all of us write letters. I have written a letter about USCIS Visa- flip flop to my senators.
MDix
02-25 02:42 PM
I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.
Thank's
MDix
Thank's
MDix
2011 the University of Florida.
GCwaitforever
12-26 02:30 PM
http://www.cyrusmehta.com/News_Cyrus.asp?news_id=1426&intPage=85
II. News from the Department of Labor (�DOL�)
Progress at the Backlog Elimination Centers (�BEC�)
William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.
II. News from the Department of Labor (�DOL�)
Progress at the Backlog Elimination Centers (�BEC�)
William Carlson, Administrator of the Office of Foreign Labor Certification, said that the BEC is on target for meeting its goal to clear up the backlog of Traditional and RIR cases by September 30, 2007. The BEC started with 365,000 cases that were filed prior to PERM. As of December 2006, 220,000 have been closed out and 142,000 are still pending. Of the pending cases, 59% are Traditional Applications and 41% are RIR Applications.
more...
shilpianand
08-10 05:49 PM
NSC processed our case and we mail that on june 30th , uscis recd. the same on 2-july-07
our recd. number starts from LIN 072275####
our recd. number starts from LIN 072275####
vkannan
08-13 05:14 PM
The Mexico F2A and Employment Third preference cut-off dates" are �unavailable� for both August and September..blah blah..
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
Good interpreation there bro', too good to be true.
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
Good interpreation there bro', too good to be true.
more...
GCKaIntezar
12-16 07:05 PM
Guys.. Peace! cut-it now.. this is totally absurd and childish to spend your energies in the type of back-and-forth discussions you're engaging yourselves in. What NYCGal369 started was an intellectual discussion, but now let's stop this downward spiral.
Thanks!
Thanks!
2010 University of Florida Gators
lonedesi
08-04 10:07 PM
^^^^^^
more...
indyanguy
09-25 08:15 PM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
hair the University of Florida
ashutrip
06-21 02:12 PM
Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
thank you....not beeing sarcastic....I have been employed by a desi company for 6 years....you wont know what I m going thrujust on humorous note....where can I find one chill pill....I need it badly.....
thank you....not beeing sarcastic....I have been employed by a desi company for 6 years....you wont know what I m going thrujust on humorous note....where can I find one chill pill....I need it badly.....
more...
nk2006
10-16 05:12 PM
add a poll to it
Added a poll. Please vote so we can keep track on how many letters we sent. Lets pick up the pace.
Added a poll. Please vote so we can keep track on how many letters we sent. Lets pick up the pace.
hot University of Florida Gators
mayitbesoon
10-08 09:41 AM
Diptam,
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
Thanks for the updates.
My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?
more...
house University of Florida
Green_Always
09-10 10:13 AM
All due to Sub Labour 485 Applications sent during July 2007.
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
What a wonderful system and process of USCIS where a legitimate applicant has to wait and keep on waiting..
tattoo Florida Gators Posters
gcwatchdog
11-06 01:05 PM
so If I don't work parttime but I want to start a LLC to hire some people and want to maintain my H1.........Is it possible ??????????
more...
pictures Florida Gators have been
smc
07-20 01:06 PM
Is there a way to seperate the HI-B increase from the EB- green card recapture? So long as they are lumped together, it will always be difficult to pass. Also, is it possible to make this apply to all EB categories, not just Schedule A and EB-1 and 2?
Is there anything we can do for this?
SMC
Is there anything we can do for this?
SMC
dresses University of Florida Gators
meminime
11-30 02:47 PM
Thanks for all the info about interfilling guys, very useful .
I have EB3 Nob/04 with I40 approved and AOS in progress.
Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
with prem processing.
I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.
Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.
SM.
I have EB3 Nob/04 with I40 approved and AOS in progress.
Apllied EB2 10 months ago and got labor (6 months prep + 3 months in filling) + I140 approved (in 2 days)
with prem processing.
I'm also in the same boat as others, not clear as to what one has to do for porting/interfilling, I will let the attorney decide if he/she needs to submit a request or it will be automatically linked to the current 485.
Please keep us updated on your progress which is more helpful than attorneys and SOPs followed by USCIS, thanks.
SM.
more...
makeup Florida Gators Chocolate
sanprabhu
07-20 10:02 AM
Actually it was lost by only 2 votes. Only 95 Senators voted and hence 57 votes would have been enough to carry it through. Really Sad. :(
That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.
That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.
girlfriend University of Florida Gators
lonedesi
08-05 01:23 PM
^^^^^^^^
hairstyles Florida Gators are a pair
ps57002
07-28 07:18 PM
are u sure it was atlanta center? they seem to be moving but 2 day approval would be so hard to believe.... not doubting you....just my own ears..well eyes in this case cause am reading
malaGCPahije
07-16 11:31 AM
Even though I am a recurring contributor and I contribute to IV on top of my recurring contributions I had to make a contribution towards this campaign. Keep up the Good Work. See Details below:
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
Recurring contribution of $5 or $10 a month is a fantastic idea for this campaign. I am going to set this up myself. I would urge you all who do not have recurring contribution setup to do so too. $5 a month would not make a lot of difference to anyone. But it would make a lot of difference to IV if it happens each month.
**********************************************
Payee Amount Deliver By Confirmation Number Action
Immigration Voice
IV
$ 10.00 07/22/2008 7YJ0L-4NJ42 Edit � Cancel
Memo: High Five Campaign
Recurring contribution of $5 or $10 a month is a fantastic idea for this campaign. I am going to set this up myself. I would urge you all who do not have recurring contribution setup to do so too. $5 a month would not make a lot of difference to anyone. But it would make a lot of difference to IV if it happens each month.
gc_on_demand
04-30 02:58 PM
I can understand if some congressman is agianst it.. but why USCIS doesnot want additional visa..
No comments:
Post a Comment