Yes indeed which includes other dual intent visas.
You must read Spec's latests posts defining "status"
Thank You Mr.mysterious
Quote:
Originally Posted by vgraj1
Printable View
Yes indeed which includes other dual intent visas.
You must read Spec's latests posts defining "status"
Thank You Mr.mysterious
Quote:
Originally Posted by vgraj1
Great work Spectator! Thanks!Quote:
Originally Posted by Spectator
There is no ambiguity that Parolee is not considered as lawfully admitted. The main question that is not clear is whether the lawful admission should be prior to filing 485 or at the time of adjudication.
Yes, awesome analysis indeed! Thanks Spectator & Q.Quote:
Originally Posted by Spectator
Attn: Reader (page 5 of the same memo)
Failed to Maintain a Lawful Status and/or Violated the Terms of a Nonimmigrant Visa.
General. Expiration, revocation, or violation of status puts a nonimmigrant out of status, and the alien remains out of status until some adjudication restores status or the alien departs the United States.
In most cases, the 180-day counting period commences on the date the alien’s status expires, is revoked, or is violated following the alien’s most recent admission. In addition, with the exception of a dual intent nonimmigrant, a nonimmigrant is only required to maintain his or her nonimmigrant status until the time he or she properly files an adjustment of status application with USCIS, because most nonimmigrants who apply for adjustment of status are presumed to be intending immigrants and are no longer eligible to maintain a nonimmigrant status. Therefore, for purposes of the 180-day counting period, calculation of the number of days for failing to maintain status or violating a nonimmigrant visa will stop as of the date USCIS receives a properly filed adjustment of status application.
Notwithstanding, a properly filed adjustment of status application, in and of itself, does not accord lawful status or cure any violation of a nonimmigrant visa. For example, if an alien applied for adjustment of status three days prior to the expiration of his or her nonimmigrant status and the adjustment of status application was eventually denied, the alien will not be considered to be in lawful status after the expiration of the nonimmigrant status. Consequently, if the same alien files a second application for adjustment of status, the period after which the nonimmigrant status expired and during which the first adjustment of status application was pending counts against the 180-day period when considering
eligibility for relief under 245(k) in the adjudication of the second adjustment of status application.
If USCIS approves person extension of stay with new I94, then I wonder why that can not be taken as inherent proof that person maintained status till the date EoS got approved ? After all it's part of EoS process to check if applicant was in status at time of applying. All these laws are too complicated.
EAD/AP approved for self
PD 2/8/2008
RD 12/15/2011
FP 1/25/2012
EAD/AP 2/10/2012
Congrats bro ! :)Quote:
Originally Posted by meso129
Wondering if it is possible to take a sabbatical for 3 months to go back to school while on EAD. I haven't filed for 485 yet, but doing some long-term planning.
If you are guaranteed a job when you come back, I believe it's fine. Although I probably wouldn't do it till 180 days past 485 RD.Quote:
Originally Posted by iatiam
sabbatical by definition promises the job when you rejoin. So I think that should cover it.
However if I am not wrong - USCIS expects the candidate to take up the promised job relatively soon (i.e. couple of months max) since the approval of 485. So if you become a student and the lag time is going to be 1 or 2 years since 485 approval; that would clearly be a problem.
What you can possibly do is - as soon as 485 is approved join the employer for 6 months and then again resume sabbatical 6 months later.
p.s. - I would be curious to know when you get a firm answer on this. I am sure many people on the forum would be interested.
Quote:
Originally Posted by iatiam
Based on my preliminary discussion with Univ's legal people, being on sabbatical means that you are currently on the payroll - so it is equivalent to you being "on the job". Sabbatical does not mean that you have left the employment - so it has no effect on your immigration status. I am specifically talking about tenured or tenure track faculty sabbatical here - I am not sure whether similar interpretation exists outside academia.
Quote:
Originally Posted by qesehmk
Q and Viz,
Thanks for the quick replies. I will definitely revert back to the forum when there is a clear-cut answer from the attorneys. But first things first - gotta file for 485. I have seen a few of my colleagues doing this, so it should comply with the HR policies. I have been doing a part-time degree for the past few years, but it been so slow that I can't possible imagine finishing it any time soon. So the sabbatical would me more of an expediting step to graduate - and not more than a semester long.
Most importantly my wife needs to approve. I guess that's the toughest part.
Quote:
Originally Posted by qesehmk
Received "CARD PRODUCTION" ordered email for me,wife and daughter at 9AM.
PD:Oct 28, 2007
RD:Nov 1, 2011
ND:Nov 4,2011 :
SC:TSC
I wish you good luck and peace to everybody. My special prayers for Teddy, Nishant, Leo and indiaeb2.
Thank you Q for this forum. Followed you from your first post in **, You and Teddy helped me see the future with a measured optimism. Thank you.
Got our EAD / AP approval today - hopefully will get the card in the next few days.
Lots of Jan filers are getting their EAD Approval , which also means that the turn around time for EAD approvals is anytime between 30 - 35 days , I think thats quick enough.
I think the wait game has now begin , I hope we the Jan filers start getting approval in a couple of months to come.
Thank you for your support so far . I pray to god that everyone should get GC on time.
imdeng - i think you are right. But from USCIS perspective - they might be looking at whether a person is "gainfully employed" i.e. salary and benefits - since they require payslips. However Spec and Kanmani might know better from legal standpoint.
I know from my previous employer's prespective - sabbatical would be a promise to make your job available when you come back. So I had a VP on my team who was called on military duty in Iraq every few years. She would go and come back and the company would allow her to be absent. I think but I am not sure - that she wouldn't be paid for her absence. However she would accrue the years absent towards her pension and retirement benefits. In other words company wouldn't pay a single dime towards her payroll or payroll taxes. However when she retires they wouldn't reduce the active military duty years from the formula for pension benefits. I think you should check w your univ. They probably do the same. And that is what they may be calling "being employed".
Quote:
Originally Posted by imdeng
needid - thanks for the kind words and hearty congratulations for your GC and all the best for future!Quote:
Originally Posted by needid
Congrats Desperate8. Can you please share your details RD, FP, and Sc ? Thanks
Quote:
Originally Posted by Desperate8
You line of thinking seems reasonable Q. One quick thought - USCIS actually does not require payslips - what they do require is an EVL. The 485 instructions ask for an EVL by name, does not mention payslips.
Quote:
Originally Posted by qesehmk
Friends, please help me with this question. For my wife, when she moved to her next project in another state, the LCA was amended, but her H1 was not amended. Do you think USCIS will have the visibility into the new worksite if the H1 petition that they have is still attached to the previous LCA?
i think i answered this to my ability a few pages back.Quote:
Originally Posted by Reader
Hi everyone,
Question for those that might have been through this. We're getting ready to file 485 and my form 683 has not been signed by the doc since a chest x ray is reqd due to positive ppd and due to pregnancy, it has to be pending for the next few months.
My question is - what delays does this cause? Does it result in a certain RFE or does it mean that Ead will come in time but not 485 approval? Or does it only delay GC issuance? Can someone who's been through this shed some light? Thanks!
Pls go through the threads in the Live Discussion section of the forum - the matter has been discussed there. From what I remember, there is a process for pregnant women to continue the application without undue delay - but I don't remember the specifics.
In general, any insufficiency in documentation only delays the 485 approval (through RFE) and not EAD/AP.
Quote:
Originally Posted by Momster
updating timeline
PD : 4/10/2009 (Current in 2/12)
Docs Sent: 2/1/2012
ND: 2/7/2012
Received mails from USCIS: 2/11/2012
Question: When can I check my status online using SRC** numbers? I tried after getting these mails but site says could not find the case.
Q, Thanks. My question specifically is whether USCIS has any info on the second work location because the LCA is available with only DOL unless it is filed with H1 petition. Is my understanding correct?Quote:
Originally Posted by qesehmk
Common Problem with H1B Employee's RelocationQuote:
Originally Posted by Reader
H1B LCA Update vs. H1B Amendment
As described above, one of the common problems faced by H1B consulting employees is a USCIS site visit following work relocation. The USCIS is not made aware of the filing of a new LCA for the new worksite location, and the investigator, therefore, goes to the original worksite.
It is becoming increasingly clear that it is no longer safe to rely solely on updating the LCA in many instances when an H1B employee changes work locations. In addition to concerns about site visits, we have also begun to see new wording in USCIS requests for evidence (RFEs), asking for proof of H1B amendments for any relocation of the employee during the H1B petition validity period. The General Counsel of the USCIS California Service Center also has publicly indicated the opinion that an amended H1B is required in addition to obtaining a new LCA. It is possible that more definitive guidance on this matter will be released by the USCIS later in 2012, but this is not a certainty.
Background on Filing LCA Amendments for H1Bs
The legal issues on the appropriate procedures for relocating H1B employees are somewhat complex and beyond the scope of this article. For many years it generally was understood that H1B workers could be relocated based on updated LCAs. The USCIS policy, however, is clearly moving to a more restrictive interpretation.
When planning for 2012 and beyond, therefore, employers who do not wish to battle the USCIS on this matter should shift from the traditional practice of relying on LCA updates when moving their employees. Many companies are reluctant to adopt the practice of filing an H1B amendment, as it is often administratively impractical, and is significantly more expensive. However, without an H1B amendment, there is increased legal exposure for both the employer and the employee if the USCIS determines that an employer should have amended the petition.
Reader,
You can READ the full article here http://www.murthy.com/bulletin.html VOL. XVIII, no. 06; Feb 2012, week 2)
Some more information here ....http://www.murthy.com/news/n_revamh.html
A Trackitt user got greened in 37 days. PD: 12/20/2007, RD: 01/04/2012. The guy believes that his case was processed so quickly because he did not apply for EAD/AP. In any case, we now have our first Jan filer approved. This is weird considering there are so many Nov and Dec filers still waiting.
Link to details if you are interested: http://www.trackitt.com/usa-immigrat.../i485-eb/26152
Guru's,
My PD is 23 May 2008. I filed for AOS/EAD on Jan 2012 and RD is 12 Jan 2012. I received biometrics appointment notification for March 1 2012. I am planning to do a walk in before the scheduled date. How soon can i go for a walk in.
Kanmani,Quote:
Originally Posted by Kanmani
Thanks for this link. Sensible approach by Murthy is to 'identify trends and make necessary changes'.
As for me , one more reason for moving to EAD. I hope there are no such restrictions (yet) for EAD based employment.
Update: when I read both articles , it seems there is no clear guideline still. And that is what my lawyer told me couple of months back. Per him such drastic shift in policy will not be so easy.
Recently my wife and daughter went to India to get H4 stamping and it was successful. I had few months back relocated from location A to location B and my employer filed just updated the LCA. Some of the attorneys seem to scare but I don't think you may have to worry too much about this. I read that California Service Center was scrutinizing more on this, so folks filing H1 petitions at CSC may have to be extra careful.
Quote:
Originally Posted by suninphx
I know some people are interested in the level of new applications, approvals, where those approvals are from and what date the approval PD is.
I am thinking of adding this data to the FACTS & DATA area and keeping it updated, if it is of interest to people.
Here's the recent data . Let me know whether you think it is a good idea or not and whether you would look at it.
Applications Submitted Since October 2011 ------------------------------------------- % Applications Submitted Since October 2011
PD -------------------- Total --- NSC --- TSC --- CSC --- VSC ............... Visa Bulletin --------------- NSC ------ TSC ------ CSC ------ VSC
FY2011 ------------------- 29 ---- 11 ---- 18 ----- 0 ----- 0 ............... FY2011 ------------------- 37.93% --- 62.07% ---- 0.00% ---- 0.00%
October VB -------------- 124 ---- 18 --- 106 ----- 0 ----- 0 ............... October VB --------------- 14.52% --- 85.48% ---- 0.00% ---- 0.00%
November VB ------------- 382 --- 132 --- 245 ----- 3 ----- 2 ............... November VB -------------- 34.55% --- 64.14% ---- 0.79% ---- 0.52%
December VB ------------- 416 --- 170 --- 237 ----- 3 ----- 6 ............... December VB -------------- 40.87% --- 56.97% ---- 0.72% ---- 1.44%
January VB -------------- 430 --- 154 --- 262 ----- 8 ----- 6 ............... January VB --------------- 35.81% --- 60.93% ---- 1.86% ---- 1.40%
February VB ------------- 171 ---- 50 --- 112 ----- 3 ----- 6 ............... February VB -------------- 29.24% --- 65.50% ---- 1.75% ---- 3.51%
Total ----------------- 1,552 --- 535 --- 980 ---- 17 ---- 20 ............... All Apps ----------------- 34.47% --- 63.14% ---- 1.10% ---- 1.29%
Approvals for Applications Submitted Since October 2011 ---------------------------- % Approvals for Applications Submitted Since October 2011
Visa Bulletin --------- Total --- NSC --- TSC --- CSC --- VSC ............... Visa Bulletin -- Total ------ NSC ------ TSC ------ CSC ------ VSC
FY2011 -------------------- 7 ----- 3 ----- 4 ----- 0 ----- 0 ............... FY2011 -------- 24.14% --- 27.27% --- 22.22% ---- 0.00% ---- 0.00%
October VB --------------- 52 ---- 10 ---- 42 ----- 0 ----- 0 ............... October VB ---- 41.94% --- 55.56% --- 39.62% ---- 0.00% ---- 0.00%
November VB -------------- 87 ---- 42 ---- 44 ----- 1 ----- 0 ............... November VB --- 22.77% --- 31.82% --- 17.96% --- 33.33% ---- 0.00%
December VB -------------- 10 ----- 5 ----- 5 ----- 0 ----- 0 ............... December VB ---- 2.40% ---- 2.94% ---- 2.11% ---- 0.00% ---- 0.00%
January VB ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... January VB ----- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%
February VB --------------- 0 ----- 0 ----- 0 ----- 0 ----- 0 ............... February VB ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00% ---- 0.00%
Total ------------------- 156 ---- 60 ---- 95 ----- 1 ----- 0 ............... All Apps ------ 10.05% --- 11.21% ---- 9.69% ---- 5.88% ---- 0.00%
Approvals by PD Month for FY2012 VB
PD -------------------- Total --- NSC --- TSC --- CSC --- VSC
April 15 2007 - ----------- 6 ----- 0 ----- 6 ----- 0 ----- 0
May 2007 ----------------- 15 ----- 2 ---- 13 ----- 0 ----- 0
June 2007 ---------------- 27 ----- 8 ---- 19 ----- 0 ----- 0
July 2007 ---------------- 19 ----- 2 ---- 17 ----- 0 ----- 0
August 2007 -------------- 21 ---- 11 ---- 10 ----- 0 ----- 0
September 2007 ----------- 20 ---- 12 ----- 8 ----- 0 ----- 0
October 2007 ------------- 31 ---- 17 ---- 13 ----- 1 ----- 0
November 2007 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
December 2007 ------------- 3 ----- 3 ----- 0 ----- 0 ----- 0
January 2008 -------------- 3 ----- 2 ----- 1 ----- 0 ----- 0
February 2008 ------------- 1 ----- 0 ----- 1 ----- 0 ----- 0
March 2008 ---------------- 2 ----- 0 ----- 2 ----- 0 ----- 0
April 2008 ---------------- 0 ----- 0 ----- 0 ----- 0 ----- 0
May 2008 ------------------ 0 ----- 0 ----- 0 ----- 0 ----- 0
June 2008 ----------------- 0 ----- 0 ----- 0 ----- 0 ----- 0
Post Apr 15 PD Appr. ---- 149 ---- 57 ---- 91 ----- 1 ----- 0
Post July PD Approvals --- 82 ---- 45 ---- 36 ----- 1 ----- 0
All Approvals ----------- 156 ---- 60 ---- 95 ----- 1 ----- 0
Wov! Thanks. Very very useful to see trend.
1. TSC seems to be having more apps to process.
2. Both TSC NSC are into the meat of November filers. Feb will be the month of Nov filers, while March will be Dec filers.
- few outliers will/do get lucky
Few my own:
3. And in general, seems to me that EB2ROW, EB1 demand is less than what trackitt might suggest.
4. RFE are being issued a plenty. From case status online analysis, saw cases until mid Nov RD fairly touched as well as almost 40% had RFE.
5. Dec filings very very rare to find approval.
Quote:
Originally Posted by Spectator
Thanks, imdeng. I looked on the I-683 thread and didn't find a similar discussion. This was discussed on the 485 and CP thread where it basically says that 485 can't be adjudicated without a complete I-683 form. Mine doesn't have signatures since the chest X-ray is pending, so will result in a delay I guess. Oh well..
Quote:
Originally Posted by imdeng
Spec - this is very useful and I would definitely look at it every couple of days. Considering that we don't have reliable Demand Date and 485 Inventory these days, the progress being made, as seen through trackitt, it very useful to get a sense of where we are at the moment. I support keeping it as a feature in Facts and Data section.
Quote:
Originally Posted by Spectator
Hi.. I have been a silent follower of this blog for a few months now.Kudos to all you folks out there to make so informative..!!
I have a quick question : Our Notice date is January 24 and we are unable to check our case status online.It says case status not found.What do we do ? Is this common ?
Yes, it usually takes a couple days to show up online. Its pretty normal.Quote:
Originally Posted by Soleil
Momster,
We were in the same situation (jan filer). Civil surgeon will fill the form and mark the TB test thing as contra-indicated. We did not even take live vaccinations (like MMR) as they should not be administered.
Civil sugeon asked us to get a letter from Gyn stating my wife is pregnant and she cannot be administered with live vaccination. Civil Surgeon will mark those tests as contra-indicated and signed based on those forms from Gyn.
Quote:
Originally Posted by Momster
Thanks ontheedge , but it's more than 2 weeks after I received the receipt mail from USCIS.Quote:
Originally Posted by ontheedge
How long does it normally take to track status online? Do I need to call USCIS?
Spec, wow, thanks a lot. Just a quick question on the last 3 lines. Does post Apr 15 approvals mean Apr to July approvals or all post Apr 15 approvals? (seems like the latter).Quote:
Originally Posted by Spectator
essenel,Quote:
Originally Posted by essenel
I couldn't find a good short description unfortunately.
Yes, it is all approvals with PD April 15, 2007 onwards (for application received by USCIS from October 1, 2011 onwards).
Thanks for the feedback.
Nishant,
In the last AILA meeting Mr. CO mentioned that they are supposed to use 45% by end of Feb and they have used only 34% (by Jan 12th) and they are looking at 11% usage for the rest of Feb. I am thinking that NSC was more efficient in using the numbers and TSC was lacking behind. They might have got a shot in the back most recently and they have tried to catch up with NSC in using the numbers.
I am hoping that 11% falls into Dec filers too. But with the trend of recent approvals I guess it is a little tough. There could be few lucky ones though.
Quote:
Originally Posted by nishant2200