Imigrait
01-30 02:42 PM
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
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RSM1444
02-10 07:06 PM
Double Post Deleted
EkAurAaya
10-30 03:46 PM
Sorry if this has already been posted
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
_____________________________
(c) Validity after Revocation or Withdrawal . Pursuant to the provisions of section 106(c) of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313, the approval of a Form I-140 employment-based (EB) immigrant petition shall remain valid when an alien changes jobs, if:
� A Form I-485, Application to Adjust Status, on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 days or more; and
� The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer o f employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the USCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Source: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=3b9e27203295497d6f67778ecf8a4 0f9
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chem2
08-14 01:34 PM
EAD paper filed at TSC.
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
Mailed: 7/2/08
Receipt Date: 7/3/08
Card Production Ordered Email: 8/13/08
more...
aadhye
09-10 09:41 AM
Filed 3rd July at Nebraska.
No receipt yet.
No receipt yet.
mariusp
05-19 05:34 PM
Try to call the service center directly, e.g. call at a time when the service center is open. The 1-800 number will transfer you automatically and you should hear something like "welcome to NSC/TSC, etc...". If the service center is closed and they transfer you to the national customer service something you can hang up because they're useless. All they know is to open SRs which get routed to the thrash bin.
I did exactly as in the post above, except for the part where I tell them I'm "depressed" (they probably figured I was anyway :)) and I got my FP notice three days later. I got a soft LUD right after the call, which is a good indication that the IO actually did something. If you don't get an LUD call again the next day, and the next day,..... eventually you'll run into someone who can help.
i had call several times open service request 3times but no help finelly i took infopass and went to atlanta to see io he fineally shedule me for 28th may but i have not receive appointment letter yet .
do you think i will receive letter ?
after fingerprint i will see lud or not?
i am july 2nd 2007 filler and my pd is november 2005 row , my visa is current now so what will happen after my fingerprint to my file?
will they put back again somewhere storage place or they will finished my fille work?
I did exactly as in the post above, except for the part where I tell them I'm "depressed" (they probably figured I was anyway :)) and I got my FP notice three days later. I got a soft LUD right after the call, which is a good indication that the IO actually did something. If you don't get an LUD call again the next day, and the next day,..... eventually you'll run into someone who can help.
i had call several times open service request 3times but no help finelly i took infopass and went to atlanta to see io he fineally shedule me for 28th may but i have not receive appointment letter yet .
do you think i will receive letter ?
after fingerprint i will see lud or not?
i am july 2nd 2007 filler and my pd is november 2005 row , my visa is current now so what will happen after my fingerprint to my file?
will they put back again somewhere storage place or they will finished my fille work?
more...
anzerraja
07-20 02:30 AM
Thanks austin123 !!!
$100 from my side
$100 from my side
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vivaforever
09-03 09:40 AM
Folks,
I got card production email on 19th night (20th) August... got approval email on 22nd . Received welcome notice physical mail on 25th August-- So far not received Green cards nor Approval notice. As per email received it says -- Approval was mailed on 22nd AUgust. Anybody in same boat ??
Guys Welcome notice and approval are same thing !
I got card production email on 19th night (20th) August... got approval email on 22nd . Received welcome notice physical mail on 25th August-- So far not received Green cards nor Approval notice. As per email received it says -- Approval was mailed on 22nd AUgust. Anybody in same boat ??
Guys Welcome notice and approval are same thing !
more...
prem_goel
08-26 06:21 PM
I think anytime 6 months before the expiry of your current H1B extension.
So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?
So if USCIS takes an year to process my extension, what are the impacts to me after the current H-1B expires? Would I have issues in traveling?
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newbie2020
05-02 11:37 AM
Here are my predictions
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
EB3 ROW Dec 06
China: 8 May 03
India: 01 Feb 02
EB2 ROW C
India 08 Mar 04
China 08 Mar 04
more...
danielp78
06-15 09:06 AM
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
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ujjvalkoul
06-26 05:14 PM
Everyone is just frustrated....I pity our condition.
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
But just live life King Size....dont think about it too much. Almost everyone of us has family back home we can always find a great job and go to.
There is positives to everything....
more...
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EB3RESTOFWORLD
09-26 02:03 PM
WE FILED 19 JULY AND RECEIVED NOTICE SEPTEMBER 11 AND eEAD APPROVED SEPTEMBER 24 VWE FILED NCS BUT IT WAS TRANSFERED TO TEXAS
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maverick_joe
05-02 10:49 AM
:D shhhhhhhh, ppl who got into IV after Apr 2007..please dont express your views...
Who did not even know about IV till Apr 2007 are talking here.
Who did not even know about IV till Apr 2007 are talking here.
more...
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malibuguy007
02-12 05:02 PM
C'mon people, $20 is not that big an amount - keep it flowing.
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gova123
08-13 09:37 AM
Did anyone receive card mailed e-mail/status update? I saw one member receive that.
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
Mita: Both my wife and I received that e-mail last night. Hope we get our cards soon..
more...
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thomachan72
05-23 06:54 AM
This is a letter that I sent to the compete america group
Dear Friend,
Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,
XXXX
XXXXX
XXXXX
Dear Friend,
Let me first of all thank you for taking a strong stand for your highly skilled employees at this critical time. I am on an H1b visa and am a certified professional working in this country. I just wanted to ask you a few question. The biotech firms employ a lot of people on H1b visas. How come none of them, excluding Genentech, is included in the compete america group's letter to the congress. I strongly feel and pharmaceutical companies, contract research organizations, other biotech companies should also be included to stand for the H1b visa and green card issue for their employees. Seccond question I would like to ask is about the provision to renew the H1b in increment of 3 years each after the 6th year, which apparently has been taken off in this new CIR bill. This is a very technical issue and employers would not want to loose the trained employees after the 6th year period. It does not make any sense to refuse renewability of the H1b after 6 years since by that time that employee has already become an asset to the company or this nation. Please make sure to stand for that particular issue. H1b should be renewable in increments of 3 years each if the GC has been filed by the 5th year. Let me thank you for successfully campaigning for increasing the H1b numbers and hopefully this will enable me to move from my present acadamic position (Ast Prof at XXXXXX) to an Industry. Please let me know if there is anything we could do to help include the biotech firms/pharma into your group. Thanks and regards,
XXXX
XXXXX
XXXXX
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dingudi
11-07 01:26 PM
I am trying to understand something here. So When we call TSC for FP they say it depends on local ASC. And I read from other posts on this and other forums that people who take infopass appointment for FP with their local ASC get a response that they have to call TSC for FP. So basically with Infopass , the local IO say to contact TSC and by calling TSC they say it depends on local ASC. What do we do now?
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Macaca
07-09 12:21 PM
We need to define immediately available.
Now lets see how the above LAW (including immediately available) was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when .27 = 140K = 37,800 GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
10K+ GCs were returned in 2006 but soma (??) categories were not available.
Now lets see how the above LAW (including immediately available) was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when .27 = 140K = 37,800 GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
10K+ GCs were returned in 2006 but soma (??) categories were not available.
dreamworld
12-13 04:42 PM
I am July Filer too I have not received evn a single receipt for anything. I called USCIS they said it is taking from 90 to 120 days so wait and call.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
I had long dely in gettting my 485/EAD/AP receipts from USCIS and I wrote to my local congressman. It really worked and got the receipt numbers from congressman office.
Try to write to your local congressman and explain your situation in one page and give them your package tracking information.
simple1
05-01 03:38 PM
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
If our interpretation is correct, how many of you are willing to sue CIS??
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
If our interpretation is correct, how many of you are willing to sue CIS??
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