EB2 Predictions (Rather Calculations) - 2012

[imdeng]

Ahh - I should have checked the Advocacy Forum before posting the AGREE Act posts. It is already being discussed there. Mods - please shift my last three posts to the Advocacy Forum. Thanks.

Update: Hey I am a Sensei Now! :-) Whats next?

[cm9201]

Hi Experts, my wife came to US on H4 in 2005 and after 3 years in 2008 we applied H1 and then worked for 6 months, her employer revoked H1B and not informed her. After 8 months of revoke when she was planning to change back to H4 employer told her H1B was revoked. We consulted a attorny and she applied status change and said if we get RFE then we can apply for NPT. We recieved NOID aftre 4 months and was not confident with attorny . Then we consulted murhty law firm and she advised her to go India and get H4 stamped then re-enter. During all this time her I94 is valid and murhty law firm told us it is 'out of status' but 'not illigal stay' as I94 is still has valid date and stamping should not be an issue.
As per her advise she went to India got her H4 stamp without any issue and re-entered US and maitaing proper status there after.
During all this she was out of status for 14 months, does 245(k) apply to this and she is 'out of status' moe than 180 days.
Now my question is we are very close to apply for 485 soon together. does this out of status will result any issue during AOS? and what we can do to resolve it.
any suggesions and help in this regard is very much appriciated.

[zztopfan]

Ahh - I should have checked the Advocacy Forum before posting the AGREE Act posts. It is already being discussed there. Mods - please shift my last three posts to the Advocacy Forum. Thanks.

Update: Hey I am a Sensei Now! :-) Whats next?

Next you will be Master Yoda of this blog

[Pedro Gonzales]

Ahh - I should have checked the Advocacy Forum before posting the AGREE Act posts. It is already being discussed there. Mods - please shift my last three posts to the Advocacy Forum. Thanks.

Update: Hey I am a Sensei Now! :-) Whats next?

Done. Also, Kanmani made some relevant counterpoints on that thread to your concerns. The Coons/Rubio proposal is actually a good thing if you support ending country caps.

[mygctracker]

Nishant,

Quite interesting & comprehensive AOS procedure info. Thanks for sharing.

http://www.ilw.com/seminars/august2002_citation2b.pdf

How they process 485. Old doc but very interesting to read.

Page 161 onwards is adjudication section, Very interesting

Also page 237 about I134, page 243 about IT returns

Also see about public charge (why W2 maybe) - page 171, and birth certificates page 172

[mygctracker]

I'm not an Immigration expert but I think for AOS they look whether or not applicant maintained valid status since last US entry. Prior violations may be ignored.
Please check with a good immigration attorney!

Thanks!

Hi Experts, my wife came to US on H4 in 2005 and after 3 years in 2008 we applied H1 and then worked for 6 months, her employer revoked H1B and not informed her. After 8 months of revoke when she was planning to change back to H4 employer told her H1B was revoked. We consulted a attorny and she applied status change and said if we get RFE then we can apply for NPT. We recieved NOID aftre 4 months and was not confident with attorny . Then we consulted murhty law firm and she advised her to go India and get H4 stamped then re-enter. During all this time her I94 is valid and murhty law firm told us it is 'out of status' but 'not illigal stay' as I94 is still has valid date and stamping should not be an issue.
As per her advise she went to India got her H4 stamp without any issue and re-entered US and maitaing proper status there after.
During all this she was out of status for 14 months, does 245(k) apply to this and she is 'out of status' moe than 180 days.
Now my question is we are very close to apply for 485 soon together. does this out of status will result any issue during AOS? and what we can do to resolve it.
any suggesions and help in this regard is very much appriciated.

[luckycub]

My PD is Oct-23-2009, EB2 NIW, CN. Do I have a chance to become current before Spring 2013? Thank you.

[nayekal]

Hi Experts, my wife came to US on H4 in 2005 and after 3 years in 2008 we applied H1 and then worked for 6 months, her employer revoked H1B and not informed her. After 8 months of revoke when she was planning to change back to H4 employer told her H1B was revoked. We consulted a attorny and she applied status change and said if we get RFE then we can apply for NPT. We recieved NOID aftre 4 months and was not confident with attorny . Then we consulted murhty law firm and she advised her to go India and get H4 stamped then re-enter. During all this time her I94 is valid and murhty law firm told us it is 'out of status' but 'not illigal stay' as I94 is still has valid date and stamping should not be an issue.
As per her advise she went to India got her H4 stamp without any issue and re-entered US and maitaing proper status there after.
During all this she was out of status for 14 months, does 245(k) apply to this and she is 'out of status' moe than 180 days.
Now my question is we are very close to apply for 485 soon together. does this out of status will result any issue during AOS? and what we can do to resolve it.
any suggesions and help in this regard is very much appriciated.

http://www.immigration-information.c...lly-work-9988/

As per Ron,
Re: 245K rule: Does it really work?

I think you intended to write "before your last admission." Section 245(k) excuses all status violations for employment based adjustment applicants if the status violations occurred prior the applicant's last lawful entry into the United States. This is an absolute rule and is not subject to the exercise of discretion on the part of the adjudicator.

[grnwtg]

I remember this case on Murthy.com ( probably this is yours as i see all scenarios are same ). Look like this is complicated case, even though your wife went to India and got h4 approved ( on h4 legality), i still believe its complicated case and definetly you should stick to high profile lawyer.
My sincere advise is do not take opinions from these forums for your case as no one is really immigration expert (even though they have theoritical knowledge)

Hi Experts, my wife came to US on H4 in 2005 and after 3 years in 2008 we applied H1 and then worked for 6 months, her employer revoked H1B and not informed her. After 8 months of revoke when she was planning to change back to H4 employer told her H1B was revoked. We consulted a attorny and she applied status change and said if we get RFE then we can apply for NPT. We recieved NOID aftre 4 months and was not confident with attorny . Then we consulted murhty law firm and she advised her to go India and get H4 stamped then re-enter. During all this time her I94 is valid and murhty law firm told us it is 'out of status' but 'not illigal stay' as I94 is still has valid date and stamping should not be an issue.
As per her advise she went to India got her H4 stamp without any issue and re-entered US and maitaing proper status there after.
During all this she was out of status for 14 months, does 245(k) apply to this and she is 'out of status' moe than 180 days.
Now my question is we are very close to apply for 485 soon together. does this out of status will result any issue during AOS? and what we can do to resolve it.
any suggesions and help in this regard is very much appriciated.

[venkimakthal]

Gurus, quick questions, in I-693 form:
1) A#, do i need to write A followed by 9 digit number or just 9 digit number
2) If we do not have middle name, just need to leave it blank or type N/A
3) If no SSN then need to leave blank or N/A or ITIN

[Jan2008]

http://www.ilw.com/seminars/august2002_citation2b.pdf

How they process 485. Old doc but very interesting to read.

Page 161 onwards is adjudication section, Very interesting

Also page 237 about I134, page 243 about IT returns

Also see about public charge (why W2 maybe) - page 171, and birth certificates page 172

Nishant Bhai,

Thanks for the detail doc.. I hope this will help a lot of people with little queries.. I have one too.. I had posted a few days ago- I have been in the US for about 6 years now on H1. Never went back to India due various reasons one of which is the obvious hassle of stamping and with my parents travelling here frequently. My spouse came on H4 and 3 years later moved to H1.. has been working ever since and like me never went back to India. So pratically both our visas are expired on the passport but have valid H1's and my I-140. I became current in Dec bulletin and hoping to apply on Dec 1st. If we decide to plan a trip in March/ April timeframe, due you see any issue here? I've emailed my lawyer but he states "Let's get the EAD/ AP first and we will cross the bridge when we get there".

I am really looking to get some advice here or general sense if we will have to face any issues if we decide to travel using EAD/ AP. I haven't left the country in the last 6 years and this gives me nightmares thinking I will jeopardise everything for not getting my stampings. Please advice

[leo07]

If that was the case any violator will leave the country once and get back in clean. I don't think it's true. They look for all previous 'stays'. I think ignoring/not-ignoring a violation is at the discretion of the particular consular officer.

Wasn't Obama's aunt in news last year for a similar situation? May be I'm remembering the case incorrectly?

I'm not an Immigration expert but I think for AOS they look whether or not applicant maintained valid status since last US entry. Prior violations may be ignored.
Please check with a good immigration attorney!

Thanks!

[leo07]

(1)I have had 'A' followed by number, just as CIS allocated the number for me
(2) leave it blank.
(3) leave blank.

Gurus, quick questions, in I-693 form:
1) A#, do i need to write A followed by 9 digit number or just 9 digit number
2) If we do not have middle name, just need to leave it blank or type N/A
3) If no SSN then need to leave blank or N/A or ITIN

[suninphx]

Nishant Bhai,

Thanks for the detail doc.. I hope this will help a lot of people with little queries.. I have one too.. I had posted a few days ago- I have been in the US for about 6 years now on H1. Never went back to India due various reasons one of which is the obvious hassle of stamping and with my parents travelling here frequently. My spouse came on H4 and 3 years later moved to H1.. has been working ever since and like me never went back to India. So pratically both our visas are expired on the passport but have valid H1's and my I-140. I became current in Dec bulletin and hoping to apply on Dec 1st. If we decide to plan a trip in March/ April timeframe, due you see any issue here? I've emailed my lawyer but he states "Let's get the EAD/ AP first and we will cross the bridge when we get there".

I am really looking to get some advice here or general sense if we will have to face any issues if we decide to travel using EAD/ AP. I haven't left the country in the last 6 years and this gives me nightmares thinking I will jeopardise everything for not getting my stampings. Please advice

Jan 2008,

I missed this question last time you posted. Sorry about that.

By ' travel using EAD/ AP' you mean trying to come back using AP- I assume. Technically it should not be a problem as your case seems pretty straight forward from what you have described here. Also if you attempt H1 stamping then also technically it should not be peoblem depending upon specifics of the case(now this a has big luck factor too..I am sure you know that . Thats where I suggested you to attempt H1 first and keep AP as backup.
As your lawyer said you can discuss your options with him when you get EAD /AP.

HTH

[Kanmani]

More details at Murthy's in connection with 245(k) clause

http://www.murthy.com/news/n_sugemp.html

Most recent USCIS memorandum added to Ajdudicators manual http://www.uscis.gov/USCIS/Laws/Memo...k)_14jul08.pdf

cm9201 , I think you are good after reading this from the above memo

Counting against the 180 days timeframe in (d)(1).(

A) General Guidelines. If the adjudicator determines that an employment-based adjustment of status applicant described in (d)(2) above is subject to any of the bars to adjustment of status set forth in Sections 245(c)(2), (c)(7), or (c)(8), then the adjudicator must determine whether the aggregate period in which the alien failed to continuously maintain lawful status, worked without authorization, or otherwise violated the terms and conditions of the alien’s admission since the date of alien’s last lawful admission to the United States is 180 days or less.
The guidance below describes the periods of time to be examined for purposes of calculating time against the 180-day period.
• The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission.

Note: Please consult an immigration attorney and dont take this as a legal advice

[leo07]

Thanks for the doc Nishanth.
Do you know if the '60' days wait time is in series or in parallel for each of the agency, before adjudicating the file?

http://www.ilw.com/seminars/august2002_citation2b.pdf

How they process 485. Old doc but very interesting to read.

Page 161 onwards is adjudication section, Very interesting

Also page 237 about I134, page 243 about IT returns

Also see about public charge (why W2 maybe) - page 171, and birth certificates page 172

[venkimakthal]

(1)I have had 'A' followed by number, just as CIS allocated the number for me
(2) leave it blank.
(3) leave blank.

Thank you Leo

[bieber]

'Since last visit' is strange clause, I think only in case of employer cancelling H1 and informing CIS it will trigger the out of status stuff, and even if you are out of status for small period and your new h1 has I94 with it then you are good

if your status was an issue, the new h1 will be issued without I94 and one need to leave the country and reenter (they can use visa if it's still valid and stamped based on previous h1, otherwise stamping is required)

[nishant2200]

Hi Experts, my wife came to US on H4 in 2005 and after 3 years in 2008 we applied H1 and then worked for 6 months, her employer revoked H1B and not informed her. After 8 months of revoke when she was planning to change back to H4 employer told her H1B was revoked. We consulted a attorny and she applied status change and said if we get RFE then we can apply for NPT. We recieved NOID aftre 4 months and was not confident with attorny . Then we consulted murhty law firm and she advised her to go India and get H4 stamped then re-enter. During all this time her I94 is valid and murhty law firm told us it is 'out of status' but 'not illigal stay' as I94 is still has valid date and stamping should not be an issue.
As per her advise she went to India got her H4 stamp without any issue and re-entered US and maitaing proper status there after.
During all this she was out of status for 14 months, does 245(k) apply to this and she is 'out of status' moe than 180 days.
Now my question is we are very close to apply for 485 soon together. does this out of status will result any issue during AOS? and what we can do to resolve it.
any suggesions and help in this regard is very much appriciated.

reason why attorney asked to get H4 stamped and enter, so that your clock starts ticking again. the 180 days is after your last successful entry into US. I believe, although things like this best talked with lawyer.

edit: Noticed that Kanmani already put this in exact legal verbiage and clause above. thank you ma'm. credit to her. I still say one should take a 30 minute consultation with lawyer and sort this out for good. everyones case specifics are different. lawyer is best judge.

[nishant2200]

Thanks for the doc Nishanth.
Do you know if the '60' days wait time is in series or in parallel for each of the agency, before adjudicating the file?

I can't make it out from this doc, but has to be parallel. it would be totally stupid if its series.

[cm9201]

Thanks Kanmami, Nishant2210, this is helpful information. I took appointment with Murthy law firm and discussed this in 2010, she said once H4 stamped and re-entered US then 485 may not be issue and need not to worry. before I file 485 I will talk to them again.

Thanks for your advise.

[cm9201]

Obama aunt was staying in country illegal not out of status. there is clear difference in out of status and illegal stay.

[EB2-03252009]

Hello Everyone,

I have been following this blog for more than 4-5 Months, and needless to say, it has the best info and enlightened me with very useful information. Thanks to everyone for sharing their info and I hope I will be active too as some of them out here. Kudos! Keep up the good work!!!



PD - 03/25/2009

[MANTRAM]

Any Nov 2011 filers who got hard copy of receipt or biometrics appointment letter?

PD: 10Oct2011
AOS package sent: 4Nov2011 to NSC
Receipt: Did not get it yet

[imdeng]

I have a request to all regular members of the forum. When you encounter a non-prediction/calculation related question that is not urgent/emergency on this thread, please reply asking to post in the Q&A Sub-Forum which is created specifically for these questions. Any answers that you wish to post, please post in the Q&A Sub-Forum only.

I know the traffic is on this thread hence the appeal of this thread. If there is an emergency or urgent question - then we should surely rally around and discuss solutions right here in interest of time. However, questions like - anybody got receipt yet?, what do I do for birth certificate, is there a good civil surgeon in Alaska, what is EVL, etc etc - should not discussed in this thread and the person asking the question should be politely directed to the appropriate sub-forum..