Maybes its Q's good karma that the cut off dates moved so quickly
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Maybes its Q's good karma that the cut off dates moved so quickly
I'm not sure if your friend is in US or India, but you can get it translated from anyone.
Make sure that the translated document's format ( like box, bold etc) match to the original one.
Get the affidavit done and signed by translator saying he/she is proficient in both the languages and translation is correct.
Affidavit should be notorised.
Spec
Wow! Bow my friend! I stand corrected.
AOS pending is not a status. If one abandons H1 or H4 status and uses AOS pending to stay - they are in unlawful status - however that unlawful status is protected by DHS as long as your 485 is pending. However the risk there is that the moment - god forbid - your 485 is adjudicated and denied, then that protection is gone and one starts accruing unlawful presence which is a harmful thing.
So bottomline - never ever let your H1/H4 go until you get GC.
Once again thanks Spec!
Spec,
After an AOS applicant reenters US on AP and continues working on H1, What happens to his H1 status in case AOS is denied (for some reason).
Is the applicant allowed to continue on H1 (OR) Does the applicant need to exit US and re-enter with H1 Visa stamp??
Most of AP discussion has been torn apart today, I promise this is my first and last question of this topic.
Thanks!
There is a classical article by Ron Gotcher for this topic of EAD vs H1
http://imminfo.com/News/Newsletter/2...AD_vs_H1B.html
Thanks Nishant..very good article..it convinced me to use only EAD( once I gets) as i am on post 6th year..
Traveling while a Change of Status or Extension of Status is pending
http://imminfo.com/News/Newsletter/2...nd-status.html
Hello Gurus,
Had an urgent query for you guys.
If someone wants to postpone his fingerprinting appointment, how many times can one do it and is it possible to reschedule in a certain time frame (for example Apr 1 and after)?
If anyone had a similar situation, please do share your experience.
Thanks in advance.
H1B vs. EAD after filing for AOS
Many people continue to believe that they must remain in H1B status after they file for adjustment of status (AOS). There is no such requirement in the law. Whether trying to maintain H1B status after filing for AOS is a good or bad idea depends entirely upon each applicant’s individual facts and circumstances.
In deciding what is best for you, please keep these points in mind.
Advantages of maintaining H1B status after filing for AOS:
1. If the principal applicants has dependents who have not filed for AOS, this is likely the only way that the dependents will be allowed to remain in the US until they are able to file for AOS as well.
2. Using an H1B visa makes travel a bit easier (depending upon the port of entry) than using advance parole. At many ports of entry, advance parole requires going through secondary inspection, which adds time to immigration processing at the port of entry.
Disadvantages of maintaining H1B status after filing for AOS:
1. It isn’t necessary.
2. It costs money.
3. You are using up H1B time against the six year limit. If an AOS application is denied due to an I-140 being denied (the most common cause of AOS denials), then the H1B nonimmigrant will become subject to the six year limit again. If the applicant has already used six years, then it is impossible for the applicant to go back into H1B status following an AOS denial.
4. It is very easy for an H1B to violate his or her status as a result of an employer failing to file a required LCA or petition amendment. If this happens, all work by the H1B will be regarded as unauthorized employment. If the AOS applicant accrues 180 days or more of unauthorized employment, that by itself is a basis for denying an I-485 application.
Advantages of using an EAD/Advance Parole combination:
1. Applicants may travel abroad without having to go to a consular post and apply for a new visa to get back into the US.
2. Applicants receive unrestricted employment authorization and may work for anyone without first obtaining permission from the CIS.
AC21 & I-140 Portability
A very good link on AC21 & I-140 Portability
http://www.imminfo.com/Library/AC21/...rtability.html
All,
Congrats for those that are got current! Can Guru's help me.
My PD is Feb 26 2010 however I did change position in January which resulted in going through a new PERM process. So I will not able to file this time. I hear the dates are going to Retrogress back to 2008 in coming month. If the dates retrogress can anybody guess which it will move to Feb 2010 again so I can file. I know this is going to be guess but can guru's help me.
Thanks
How come some of you know that checks are encashed? Is it because employer doesn't sponsor the charges.. That is good in one way as you would know the status much more easily..
As far as I am concerned, it is all employer. The attorney informed me that she sent the docs on 1st Feb..
But my question is, after I leave ( if in case after EAD before GC) this employer, the attorney service also stops
..what should I do To make sure that the remaining process EAD->GC is unaffected...should I need to get the service of another attorney and transfer the representation to the new one using my receipt/ EAD number?
Hi Gurus,
1.My Birth was not registered, i got non availability certificate, affidavit from my parents. Do i need to get Originals of both, because i got one copy of non availability, i may require this in future? Non availability + Parents affidavit + Do i need relatives affidavit as well?
2.As per my dad, i should be getting new BC with registration date Feb,2012, if i get newly issued birth certificate , copy of Birth certificate + Parents affidavit is fine. Please clarify.
3.My wife got her birth certificate without name on it, i got affidavit for that. Do i need to submit original Birth Certificate or Copy is fine?
Any official document can be submitted as copy - that includes BC and NABC. Affidavits are preferably sent as original. BC/NABC + 2 Affidavits are sufficient. You can include school records (10th certificate) to be conservative. Look in the Birth Certificate thread for more details.
Thank you all for the very kind and encouraging words. I cannot tell you how much strength it gave us during this time of tension. The good news is my husband received his passport by courier yesterday and he is stamped and ready to go. we shall be filing AOS soon :) (9 days from date of interview)
Thank you thank you so much all of you
Shaisri
Just curious , my PD is Oct 2008 , with RD and ND as 3rd Jan and 4th Jan respectively
I see that guys who were after mine
PD Dec 2008 , RD 4th Jan and ND 5th Jan have got their EAD / AP Approved. what is the going on ?
1 - Priority date
2 - Receive Date -
Just confused on what is going on.
BTW the service center is TSC for all above cases.
Guys
Just wanted to share good news with all of you. I got the magic email today.
Good luck to all of you.I got a lot of helpful information from this forum
TSC
PD : June 29th 2007
RD: Oct 7, 2011
Guys.. I had applied for a HSPD -12 clearance as a new job responsibility required me to occasionally work from a Fed Govt building. My preliminary background check and FP came back favorably a day before my GC - FP appointment. A full clearance came back positive about 20 mins back.. The clearance is from DHS..
I know a FBI name check is considered by USCIS (which falls under DHS).. Would DHS clearance help me in any way or I am tripping on laddus sent by gchopeful?
Can someone please answer this for me?
My wife is currently on H4 for the last 3 years and worked on H1 for 1.5 years before that. She doesn't have the paystubs for 3 month period and has not travelled since then. We have already applied for 485. Even though she would be covered under 245K, I am wondering whether it is worth re-entering on H4 again.
The law is not clear whether it would count the violations upto 180 days since the last admission prior to 485 filing or prior to adjudication? If there is an RFE, would they consider the new last admission date if we provide the new I94. Can someone please help me with the clarity on this 180 day rule.
Thanks. I thought so too. However, Ron has mentioned in one of his posts this. It seems that he is saying both-ways in this statement.
"The CIS will most likely use the last lawful entry prior to filing. My feeling, based on the way the CIS has interpreted this section against people is that they have to use the most recent lawful admission (admission with a visa, not advance parole) prior to ADJUDICATION. If they try to use the last admission before filing, I think that they are highly vulnerable to getting reversed in the context of judicial review."
Given she appears to be covered by 245(k) anyway, I'm not sure it is worth it.
The law says:
As I read it personally, it is specifically referring to the last admission before submitting the I-485.Quote:
(k) An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
It says:
and then:Quote:
on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission
where it is referring to the admission prior to filing.Quote:
subsequent to such lawful admission has not, for an aggregate period exceeding 180 days
This is certainly how USCIS seem to interpret it, but I agree it is not black & white.
My 2c anyway, for what it is worth.
Gurus - I just got current and in the process of filing for I-485 and also looking forward for EAD and AP.
My question is what's the guess/prediction for a March 30, 2010 PD to get the actual GC - Sep 2013 or Sept 2014?
Spec, Thanks. That's what I have understood as well. It is almost clear that it indicates prior to 485 filing when it says "subsequent to such lawful admission".
Hi, It appears Ron is making a distinction between last 'lawful admission' (coming on H1 visa) and 'admission' (coming on AP). I think the 180 day period starts counting from the last lawful admission, i.e. last I-94 based on H1 visa. I have read some comments from Ron that USCIS itself is not clear about this distinction, but I would assume it is safer to count the 180 day period from the last lawful admission, i.e. last I-94 based on H1 visa.
Hi Spectator, is there any statistics from USCIS that shows the ACTUAL NUMBER of visas issued for EB2ROW and EB1 in FY 2009, 2010 and 2011, and possibly FY 2012 upto Jan.2012 end. This might help in projecting PD movement and possible retrogression.
vgraj1
USCIS is verymuch clear about the distinction between lawful admission vs parolee admission ....here on Page 3 http://www.uscis.gov/USCIS/Laws/Memo...k)_14jul08.pdf
Hi Kanmani,
Thank you very much for this link. It is interesting to note that parolee admission is not treated as 'lawful admission' as per the following clause in USCIS memorandum:
" An alien, however, who entered the United States pursuant to an advance parole document is not “lawfully admitted,” because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k). "
I interpret this that the 180-day count starts from the last lawful admission, i.e. based on H1 or H4 and not based on AP. Is my interpretation correct?