pthoko
08-03 10:02 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
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Ram_C
11-21 12:06 PM
Happy Thanksgiving to IV Family.
-Ram
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nonimmi
02-20 04:23 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html
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karthiknv143
07-31 06:14 PM
make sure is htere any filing fee check sent back in the package...
more...
helpmeExperts
02-14 04:09 PM
what if 140 is approved, have got EAD card but dont want to use EAD until 485 gets approved?
EB3June03
06-12 04:21 PM
This is my first post, so bear with me.
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
I also got a Status Update message via email from USCIS. I think the lawyer will be getting the papers in mail next week.
Seems like USCIS has started sending RFE for a lot of us, who have been waiting for a long time. What might be the reason for this. I heard from some of my friends that they are pre-adjucating the cases so that when the visa dates are available, they can process faster, but I also wonder if they are doing it so that they can drop some cases who do NOT reply to their RFE (similar to what happenned with Backlog Elimination Center and 45 day letters).
more...
psnycgirl
11-06 09:24 PM
I got all the receipts and FP notice from VSC on 10/15. Everything was filed on 7/31 and sent to TSC. FP date was 10/30. Got EAD last week and they want ID again for AP. 485 has been trasnferred to TSC now.
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milind70
07-26 12:44 PM
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.
Since this is not concurrent filing, i think the fees will increase on July 30th.
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
more...
jthomas
04-30 01:06 AM
How is that you have your PD in EB2 jan 03 and still did not have I-140 approved. I think you could have a issue anytime since EB2 Jan 03 seems to be current.
Is the PD right on your profile? Just checking.
Is the PD right on your profile? Just checking.
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snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
more...
pcs
04-28 07:54 PM
Guys please call your friends
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bp333
09-25 12:51 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
more...
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sandy_anand
10-22 12:45 PM
Admin, thanks for the encouraging words. Keeping our fingers crossed...
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gc_maine2
04-27 12:55 PM
I also has same question but
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
my H1 is ending this Dec, and already got ext for 7 th year
Anyone can shed some light on this.
Thanks
more...
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pappu
06-27 07:36 PM
From: National Immigration Forum
Web: http://www.immigrationforum.org
Recess
Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.
On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.
There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.
H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.
In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.
Even for these modest reforms, prospects for passage are uncertain.
Oversight and Accountability
If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.
There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.
The Appropriations Season
We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)
Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.
There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.
There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.
The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.
Immigrants and the 2008 Elections
The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:
http://icirr.org/node/2882
Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.
Web: http://www.immigrationforum.org
Recess
Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.
On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.
There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.
H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.
In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.
Even for these modest reforms, prospects for passage are uncertain.
Oversight and Accountability
If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.
There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.
The Appropriations Season
We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)
Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.
There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.
There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.
The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.
Immigrants and the 2008 Elections
The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:
http://icirr.org/node/2882
Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.
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helpmeExperts
02-14 07:35 PM
i agree with crystal. If you are not yet married, i would advice to get married soon. Once if you plan to jump on EAD, it is not easy to come back to H1. If you apply for h1 extension, you have get it stamped..
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
more...
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gccovet
08-15 10:03 AM
Thanks for your replies.
What will happen to the 140? Do they need to file for any amendment?
If your new company has agreed to support the I-140, letter of acquisition will be enough. No worries. You may want to confer with a lawyer though.(Shell out few bucks, better to be safe, also for peace of mind)
GCCovet
What will happen to the 140? Do they need to file for any amendment?
If your new company has agreed to support the I-140, letter of acquisition will be enough. No worries. You may want to confer with a lawyer though.(Shell out few bucks, better to be safe, also for peace of mind)
GCCovet
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arc
11-16 04:38 PM
If the name check is over and they can also assign a visa number to low hanging fruits and give out a GC... I don't know whether its linked to PD or Receipt Date because there were posts about EB2 05 getting GC...:confused:
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jsb
10-29 11:36 AM
Friends,
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.
If it is your lawyer's fault, you can take appropriate action with him.
I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?
1) Is there any precautions that i should take while re-filing?
2) Will USCIS accept the app or should they make me wait for my PD?
Thanks,
What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.
If it is your lawyer's fault, you can take appropriate action with him.
priderock
06-02 07:13 PM
In talking to multiple travel agents, I don't think there is such a thing called "open ticket". I guess there is always a return date and most air lines will allow you to reschedule, some for free and some for a charge based on your ticket class.
The 6 months return validity suggestion above is valid, assuming they are on a visit visa (not have a GC themselves :). when my parents came they only have the ticket for 4 months and the officer at POE gave them 6 months on the departure card.
The 6 months return validity suggestion above is valid, assuming they are on a visit visa (not have a GC themselves :). when my parents came they only have the ticket for 4 months and the officer at POE gave them 6 months on the departure card.
alterego
06-19 12:33 PM
Yes but it is given at the service center where the case is pending. This was a change instituted last year Sept. or thereabouts.
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