kak1978
08-04 04:46 PM
gchopes,
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
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gc_wow
09-16 10:43 PM
This lou dog has done much damage to our community, firing him from CNN or removing his sponsers is not going to do much. He will go to another channel and life goes on. Get this guy on our side and make him tell our story. When the dog barks point it towards enemy.
saileshdude
06-25 12:55 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
2011 LG Optimus M on MetroPCS
nixstor
05-14 07:28 PM
This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.
This means that we have to stay put and work towards our common goal of getting the system fixed.
This means that we have to stay put and work towards our common goal of getting the system fixed.
more...
ganam
10-03 10:07 PM
Thank you.
NKR
03-17 01:02 PM
I have a priority date of March 2004 (EB2 India) and I am still waiting for my Green Card. I think majority of the 2004 filers are in the same boat except for a lucky few who were able to get the green card after the July fiasco.
Good Luck!!
I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.
Good Luck!!
I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.
more...
eb3retro
03-15 01:15 PM
Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.
If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.
2010 Carrier: MetroPCS
potatoeater
05-10 02:00 PM
Dude, you revived a 6 month old thread just to ask this innocuous question? And the title of this thread is pretty alarming.
Expect 5 thousand red dots now. Everybody will come down on you like a ton of bricks.
To admins..
we should have some facility to automatically close the threads that have been inactive for a while.
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
-Kumaresh
Expect 5 thousand red dots now. Everybody will come down on you like a ton of bricks.
To admins..
we should have some facility to automatically close the threads that have been inactive for a while.
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
-Kumaresh
more...
mbawa2574
07-17 04:06 PM
These are government matters and you can only speculate based on information that comes out through unofficial resources. Looks like we have good resources for this information. Please wait for the official announcement.
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swissgear
06-24 11:15 AM
http://online.wsj.com/article/SB10001424052748703900004575325412638269010.html#a rticleTabs%3Darticle
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
Date : June 23 2010
By MICHAEL HOWARD SAUL
Mayor Michael Bloomberg will launch Thursday a coalition of mayors and business leaders to advocate for an overhaul of the nation's immigration policy, including legalizing undocumented immigrants and more strictly fining businesses that hire illegal workers.
"Our immigration policy is national suicide," Mr. Bloomberg said at a forum in Midtown Wednesday. "We educate the best and the brightest and then we don't give them a green card—we want people to create jobs but we won't let entrepreneurs from around the world come here."
During his latest inaugural address, Mr. Bloomberg vowed to push to rework the nation's immigration laws in the same way that he waged battle against illegal guns. This effort will be a cornerstone of the mayor's third-term agenda, aides said.
The coalition, the Partnership for a New American Economy, supports developing a secure system for employers to verify employment eligibility and strict penalties for businesses that fail to comply. The group wants to increase opportunities for immigrants to enter the workforce and for foreign students to stay in the country.
The group will advocate for securing the nation's borders and beefing up enforcement to prevent illegal immigration. The coalition supports establishing a legal path for the millions of undocumented immigrants living in the country now.
To effect decision-making in Washington, the group will issue research reports on the economic impact of immigration, poll public opinion, sponsor forums and potentially launch a media campaign. Mr. Bloomberg, a multibillionaire, is expected to provide financial support for the group's activities, as he has with his gun group.
One City Hall official said the coalition will try to focus on immigration as a "dollar and cent issue," advocating that open borders help keep the U.S. more competitive.
President Obama has pledged to champion changes to federal immigration policy, but this spring said lawmakers "may not have an appetite" for a grueling debate on immigration this year.
In addition to Mr. Bloomberg, the co-chairs include Mayor Phil Gordon of Phoenix; Mayor Antonio Villaraigosa of Los Angeles; Mayor Michael Nutter of Philadelphia; Mayor Julian Castro of San Antonio; Mark Hurd, CEO of Hewlett-Packard; Robert Iger, CEO of the Walt Disney Co.; J.W. Marriott Jr., CEO of Marriott International; Jim McNerney Jr., CEO of Boeing; and Rupert Murdoch, CEO of News Corp., which owns The Wall Street Journal.
more...
chintals
09-03 01:33 PM
How did you do that? can you please provide info?
The phone number to call and would they need any information from me?
1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.
Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.
The phone number to call and would they need any information from me?
1) Call 800 and convince the person to escalate to 2nd level and speak to IIO
2) Call 800 and choose cases were seperated option which will go to respective service center and talk to IO.
Some folks are helpful and some are not.. It all depends how you approach and how you can convince.. good luck. Other option is go to Infopass.
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kondur_007
03-16 01:13 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
more...
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Leo07
02-03 05:28 PM
God Bless!
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
tattoo who also had Metro PCS,
sabr
09-19 06:06 PM
company A applied for my GC. They cant provide me jobs.
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
I am working with company B as a contractor (corp to corp with company A and B).. project will finish in a month. already did not work for 12 months even though my I-485 is pending with company A.
now company B offered me to work perm with them by using EAD. while my H1b renewal is pending with company A.
can I work with B while A is still my sponsoring company.
my Q is once h1b approves lets say in a month and renewal for 1 year( can I work with B with EAD for like another 6-8 months and then go out and reenter for H1b with A?
more...
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freakin_gc
01-31 02:15 PM
Thanks for your feedback..won't you think column 15 in lc won't help? it mentioned as 'Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements'. I also submitted an educational evaluation...
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
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manishgc
06-08 02:20 PM
Hi
I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)
If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?
Thanks in advance.
I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)
If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?
Thanks in advance.
more...
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eyeopeners05@yahoo.com
06-02 03:00 PM
thanks guys...
what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.
One option is to do a h1 thru one of the desi employers and then join as a consultant.
Are there any other options ?
what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.
One option is to do a h1 thru one of the desi employers and then join as a consultant.
Are there any other options ?
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virens
12-12 02:36 PM
No questions asked about visa or 485. Just had to show my passport and AP document :)
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cox
November 24th, 2005, 08:46 PM
I took two very similar shots of the same flower. This is an Alyssum. The whole cluster is about the size of my index finger! Which treatment do you prefer, the light or dark version?
Light (1DsII, ISO 400, 25mm extension tube, EF 100 Macro, f/9.0, 1/13s)
http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0371.jpg
Dark (1DsII, ISO 100, 25mm extension tube, EF 100 Macro, f/2.8, 1/160s)
http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0331.jpg
Any comments are appreciated :)
Light (1DsII, ISO 400, 25mm extension tube, EF 100 Macro, f/9.0, 1/13s)
http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0371.jpg
Dark (1DsII, ISO 100, 25mm extension tube, EF 100 Macro, f/2.8, 1/160s)
http://www.dphoto.us/forumphotos/data/1646/Alyssum_C_sm_112405_WY4D0331.jpg
Any comments are appreciated :)
reddymjm
12-04 04:52 PM
I am also flying to Chennai in 2 days.
bugmenot
04-10 08:10 PM
THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.
no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately
no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately
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