desi3933
02-06 08:12 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
......
There is no status during the time I-485 is pending, unless, the person is maintaining other allowed non-immigrant status such as H-1, H-4, L-1, L-2. What commonly referred as "AOS status" is nothing but period of authorized stay.
The pendancy of an affirmative application for adjustment of status is designated as a period of stay authorized by the Secretary of Homeland Security, during which an applicant does not accrue unlawful presence.
http://www.state.gov/documents/organization/87120.pdf
[From the PDF file]
b. DHS has interpreted "period of stay authorized by the Secretary of Homeland Security" to include:
.......
........
(5) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien did not file for adjustment "defensively" (i.e., after deportation proceedings had already been initiated) .....
[pdf]
*******************************************
_________________________
US citizen of Indian origin
Not a legal advice.
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immi_enthu
08-06 12:22 PM
12 calendar days. My I 140 was originally applied on 01/08/2007 upgraded to premium on 06/26/2007 there was a RFE ability to pay , reponse for RFE received on 07/26/2007. we called 18663155718 today, the IO officer said my case is approved today. online status still says it's pending.
Unfortunately the premium service on I 140 is not reinstated yet. Note I upgraded before (07/01/2007)it was suspended . Sorry for the confusion
Unfortunately the premium service on I 140 is not reinstated yet. Note I upgraded before (07/01/2007)it was suspended . Sorry for the confusion
gee_see
04-15 02:22 PM
9 Years, with one employer!!! immmm..
If the employer is good it is ok, what if not?
I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note….
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
If the employer is good it is ok, what if not?
I don’t know how many of our most productive life time is going to be stagnated because of this GC wait.
Lunch Time (EST), on the lighter note….
Tourists in the Museum of Natural History ...
...were marveling at the dinosaur bones. One of them asks the blonde guard, 'Can you tell me how old the dinosaur bones are?'
The guard replies, 'They are 3 million, four years, and six months old.'
'That's an awfully exact number,' says the tourist. 'How do you know their age so precisely?'
The guard answers, 'Well, the dinosaur bones were three million years old when I started working here, and that was four and a half years ago!'
My employer is horrible to work with. But after hearing horror stories about other consulting companies i decided to stick with known devil... Moreover i did not want to take up permanent job assignment on h1 due to layoff fear...
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sheela
09-11 01:40 AM
^^ Bump ^^ (just wanted to give some more 'air' time for this thread in hopes of catching attention from IV core )
Nice idea. Something like this should happen. I gave you green .
Nice idea. Something like this should happen. I gave you green .
more...
h1techSlave
03-17 01:03 PM
With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.
Hello all,
Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?
Thank you.
Hello all,
Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?
Thank you.
rr_immaculate
08-05 08:14 AM
Your I-94 SHOULD have the same number as the old one!
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
more...
lskreddy
11-18 07:20 PM
Do not mean to hijack the thread but the question hopefully is related.
When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.
We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.
1.) Could anyone let me know the appropriate documents for this?
2.) Also, what are the fees associated with it, especially with all the old vs new stuff?
Thanks much.
When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.
We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.
1.) Could anyone let me know the appropriate documents for this?
2.) Also, what are the fees associated with it, especially with all the old vs new stuff?
Thanks much.
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eastindia
11-16 02:05 PM
Good one! We see a lot of speculation here on open forums...there are much more realistic updates available on the donor forums...I just wish people don't waste time on speculations and mis-information floating around. Good luck to all of us!
I agree.
I agree.
more...
kdprasad
07-17 05:57 PM
THANKS IV and
CONGRATULATIONS TO EVERYONE
CONGRATULATIONS TO EVERYONE
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R009
09-20 02:55 AM
I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".
Is there any way that i can get my H1 extended
Is there any way that i can get my H1 extended
more...
m1801b
09-10 01:28 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can�t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
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acecupid
08-05 09:39 PM
http://www.uscis.gov/USCIS/Office%20of%20Communications/Homepage/uscisdotgov_mockup_28july09.ai.pdf
more...
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dingudi
03-06 11:15 AM
-----------------------
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
sendmailtojk,
My spouse burnt one of the finger and has a blister right at the spot where we take FP. So I am not sure if they will reschedule her or not. When we got her FP notice , we made some travel plans after the FP date but unfortunately this incident happened. Now if they reschedule the FP then most likely we wont be here for the rescheduled date. So I was wondering if I can just take the photocopy of the original FP notice (as for reschedule , we will have give up the original notice) and drive to another ASC after the finger heals and try to complete it there rather than wait for the original ASC to send us the rescheduled date. Is there a way to find out which ASCs allow walk in and which I dont. I am based in Boston and so pretty sure Boston ASC does not allow to walk in. They go strictly by appointments. So I am hoping to some other nearest ASC.
Also as your family completed FP after your scheduled date and that too at another ASC, do you know what you will do when you receive the rescheduled appointment.
If you could tell me if there is way to find out if an ASC is busy or not.
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.
Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.
Thanks
JK
sendmailtojk,
My spouse burnt one of the finger and has a blister right at the spot where we take FP. So I am not sure if they will reschedule her or not. When we got her FP notice , we made some travel plans after the FP date but unfortunately this incident happened. Now if they reschedule the FP then most likely we wont be here for the rescheduled date. So I was wondering if I can just take the photocopy of the original FP notice (as for reschedule , we will have give up the original notice) and drive to another ASC after the finger heals and try to complete it there rather than wait for the original ASC to send us the rescheduled date. Is there a way to find out which ASCs allow walk in and which I dont. I am based in Boston and so pretty sure Boston ASC does not allow to walk in. They go strictly by appointments. So I am hoping to some other nearest ASC.
Also as your family completed FP after your scheduled date and that too at another ASC, do you know what you will do when you receive the rescheduled appointment.
If you could tell me if there is way to find out if an ASC is busy or not.
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drona
07-11 11:40 PM
He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
more...
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sammyb
09-09 11:12 AM
Was wondering how is the experience of getting PIO card from Indian Embassy @ DC. Checked the site and it seems it takes 45 business days for them to issue a PIO card which for any other consulate (SFO/NYC/Chicago/Houston) is around 2 weeks ...
Can anyone share their experience ... appreciate a lot ....
Can anyone share their experience ... appreciate a lot ....
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mnkaushik
07-19 08:20 AM
I am not entirely sure but there is a provision called "Follow to Join" that allows you to apply for spouse's 485, 6 months after your 485 is approved. The only condition you need to satisfy is that you should have married your spouse before your 485 approval date. Ask your lawyer about it. I think you should be fine. About legal status since your spouse's 485 is rejected and ur h1 is invaldiated due to your 485 approval, i dont know and you need to aks your lawyer about it.
more...
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dhirajs98
08-18 02:18 PM
sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
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sweet_jungle
12-29 05:10 PM
Like all July 2 filers, I will now become eligible for AC-21.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
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India76
09-17 02:08 PM
one more question... if I reenter using my AP then IO always take you to some place/room to verify something or its sometimes/randomly only? I just realize that my connection time while coming back from one airport(POE) to another is just 2 hours.
Openarms
10-19 02:25 PM
Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.
bala50
09-01 10:04 AM
bashir,
Write a detailed letter explaining all the issues. Get an experience letter as required from company A or from co-workers of company A. And talk to a good attorney , you should be fine.
Write a detailed letter explaining all the issues. Get an experience letter as required from company A or from co-workers of company A. And talk to a good attorney , you should be fine.
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