karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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Lisap
08-03 12:49 PM
------------------------------
This post has been deleted.
Please mantain a civil tone on the forums.
This post has been deleted.
Please mantain a civil tone on the forums.
shirish
10-15 12:42 PM
Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
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user1205
02-13 06:38 PM
They have processing times for each service center. If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.
more...
Hinglish
01-08 12:59 AM
I appreciate your interest in my posts :)
coolngood4u80
02-07 11:13 AM
Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.
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RandyK
10-02 03:06 PM
If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
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Better_Days
06-10 06:10 PM
www.immigration-law is reporting that PP for I-140 will be re-instated when approval is needed for H1 extension and less than 60 days are left 'till H1 expiration.
A small step in the right direction.
A small step in the right direction.
more...
vinoddas
07-29 08:58 PM
Any suggestions would be extremely helpful
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chanduv23
07-25 12:13 PM
Gurus, tell me one thing.
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
It is best that you never be out of job. If you lose job, try to get one ASAP. It normally takes a month or two to get one if you work hard and try
more...
ksrk
12-31 04:50 PM
Our files assinged to Adjudicating officer on Nov 30th. (PD is current ) Nothing happend sofar.
Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.
HAPPY NEW YEAR TO ALL :)
Hey Chris,
If your PD is current (for your EB category) then someone is looking at your case - as against it gathering dust on some shelf.
Else, it may not mean anything...
Good luck anyhow!
Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.
HAPPY NEW YEAR TO ALL :)
Hey Chris,
If your PD is current (for your EB category) then someone is looking at your case - as against it gathering dust on some shelf.
Else, it may not mean anything...
Good luck anyhow!
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vnsriv
09-26 11:20 AM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
What is your ND?
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
What is your ND?
more...
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anilsal
12-21 12:02 AM
Hi Msyedy,
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?
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Jaime
09-14 02:30 PM
bump
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backtoschool
01-08 04:36 PM
[QUOTE=mharik]Hi ,
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????
ANYONE????
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10-09 11:55 AM
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05-16 05:44 PM
I also called Sen. Menendez regarding the Murray amendment and talked to someone a lady.
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meridiani.planum
06-02 12:13 PM
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
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greencardvow
08-03 07:12 PM
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
jayleno
06-20 08:05 AM
I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
greenguru
04-01 12:26 AM
Sure.. I was having the same question.
Here is how it happens,
1. When you file for your I-140 Under EB2 you also provide the A#
2. So when your I-140 gets approved your 485 case will automatically know about this.
What you have do
1. Go to InfoPass and verify that your new I-140 is present on your application.
2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
3. your case will be approved in 25 days.
For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.
Cheers, GG
Here is how it happens,
1. When you file for your I-140 Under EB2 you also provide the A#
2. So when your I-140 gets approved your 485 case will automatically know about this.
What you have do
1. Go to InfoPass and verify that your new I-140 is present on your application.
2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
3. your case will be approved in 25 days.
For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.
Cheers, GG
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