mdcowboy
02-22 05:14 PM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Might it be a PIMS delaY? Just my opinion.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Might it be a PIMS delaY? Just my opinion.
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yagw
03-07 12:44 PM
With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
tonyHK12
01-21 10:08 AM
Is this predominantly affecting those on consulting jobs?
Yes, according to this report. They have a law office in India too and handle local cases on the ground.
According to the article this is a follow up of the 2010 employer-employee memo. Insome cases they are giving the 221g before even reviewing the docs. Strangest things is H4s now have to provide almost as much docs as a H1b - really tough for the married people among you.
Still reading the article in parts...
ok 221g is considered visa refusal and has to be notified. how does name check become a refusal.
Yes, according to this report. They have a law office in India too and handle local cases on the ground.
According to the article this is a follow up of the 2010 employer-employee memo. Insome cases they are giving the 221g before even reviewing the docs. Strangest things is H4s now have to provide almost as much docs as a H1b - really tough for the married people among you.
Still reading the article in parts...
ok 221g is considered visa refusal and has to be notified. how does name check become a refusal.
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locomotive36
11-08 10:34 AM
Thanks to all those who voted!
Please note, that you can cast multiple votes and there is no restriction. Please take a minute each day, to cast atleast one vote per day until Nov 18th.
Spread the word around about the good cause and hope Narayan Krishnan wins!
Thank you.
Please note, that you can cast multiple votes and there is no restriction. Please take a minute each day, to cast atleast one vote per day until Nov 18th.
Spread the word around about the good cause and hope Narayan Krishnan wins!
Thank you.
more...
rajbgp2002
07-19 04:08 PM
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf
Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
This process is not available for applications closed on grounds unrelated to nonreceipt
of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
1.
E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
2.
The subject line of the e-mail should read �Request to Reopen�.
3.
Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
4.
The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:
�
Name of employer and correct current address.
�
Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.
�
Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).
�
Name of the alien named on the application.
The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
What can I expect in response to my request to reopen?
Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
May I contact the BECs by regular mail instead of email?
No, the request to re-open a case must come into the centers electronically.
Who may make the request to re-open a case if we believe it was improperly closed?
Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
Do I have to submit my request to re-open a case within a certain time period?
Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
To whom will responses be sent?
The email responses will only be sent to the employer or attorney who initiated the request.
What do I do if I have not received a �45-day� letter by July 21, 2006?
If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
A. Attorney name and address
B. Employer�s name and address
C. Alien�s name and address
D. Priority Date
E. State or Regional location and/or number where case was originally filed
OFLC will publish its policy regarding such cases under separate cover.
Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
This process is not available for applications closed on grounds unrelated to nonreceipt
of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
1.
E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
2.
The subject line of the e-mail should read �Request to Reopen�.
3.
Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
4.
The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:
�
Name of employer and correct current address.
�
Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.
�
Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).
�
Name of the alien named on the application.
The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
What can I expect in response to my request to reopen?
Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
May I contact the BECs by regular mail instead of email?
No, the request to re-open a case must come into the centers electronically.
Who may make the request to re-open a case if we believe it was improperly closed?
Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
Do I have to submit my request to re-open a case within a certain time period?
Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
To whom will responses be sent?
The email responses will only be sent to the employer or attorney who initiated the request.
What do I do if I have not received a �45-day� letter by July 21, 2006?
If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
A. Attorney name and address
B. Employer�s name and address
C. Alien�s name and address
D. Priority Date
E. State or Regional location and/or number where case was originally filed
OFLC will publish its policy regarding such cases under separate cover.
apb
09-11 02:43 PM
We will get some idea on how many are still pending.
more...
dbevis
October 16th, 2005, 06:53 PM
There was a piece on one of the news shows this AM. A guy still makes Daguerreotypes (the actual plates, from raw materials!) in New York City. Basically that stuff must be like ISO 0.05 because he was making exposures from 30 seconds to 4 minutes, achieving the 'missing people and cars' effect as a result.
Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.
Oh, by the way, he uses a Giotto Rocket blower to blast the dust from his plates before coating with the silver solution.
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delax
08-05 11:36 AM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
While you raise a valid point, I would rather consider that as a donation to USCIS for them to fix their screwed up systems so that they truly follow FIFO and benefit people ready to enter the GC maze down the line.......
more...
yabadaba
12-12 12:45 PM
why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting
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nixstor
09-11 01:53 PM
OFLC is nothing but a department of the agency (DOL)
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
http://www.workforcesecurity.doleta.gov/foreign/
OFLC's NPC's in Chicago/Atlanta deals with current Labor applications(PERM) while OFLC's BEC/BPC's(Philly/Dallas) deal with applications from older system.
more...
Dhundhun
11-21 09:19 PM
You give all of them (stapled together preferably). Make copies of all of them and keep for future.
Maverick1, Thanks for correction.
Maverick1, Thanks for correction.
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simple1
05-11 01:49 PM
Hello Attorney,
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
About Myself:
=============
Myself EB2 Mar-06 now in I485.
deeply concerned about the current retrogression of eb2 priority date to 2000.
Background:
===========
Currently CIS and Statedept count ebdependents / derivatives under ebquota (according to CFR22)
However Sec 203, INA seems to layout the eb quota volume and lists eligibilities.
Looking at INA I am unable to find the link between ebdependent/detivaties and ebquota.
The I485 application "Part 2: App Type" Option b (derivative status for spouses and children)
seems to be related to quota listed in INA Sec. 203. [8 U.S.C. 1153] a - 2. (family quota)
and seems to be not related to INA Sec. 203. [8 U.S.C. 1153] b - * (employment quota).
Question:
=========
What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?
If incorrectly classified ? Is there any legal option this mis-classification be corrected?
Thanks a lot in advance for your time.
more...
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fionaapple20
11-27 03:56 PM
My questions that I posted in a similar thread:
- Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
- Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
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skd
07-19 12:20 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Is Tax Return for last 3 years is required document ?
more...
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trueguy
08-11 02:46 PM
Guys please vote
dresses Kesha - I Am The Dance
immi_2006
10-09 10:47 AM
Which document to produce for people on EAD and AP?
more...
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desibechara
04-08 12:08 PM
Hi,
EAD cleared Oct 2007,Fp done Oct, 2007, AP dec12, 2008, recevd jan 12008
No LUDS since sep 19, 2007
db
EAD cleared Oct 2007,Fp done Oct, 2007, AP dec12, 2008, recevd jan 12008
No LUDS since sep 19, 2007
db
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ras
05-24 12:17 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
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rahulpaper
09-06 12:48 PM
Did you travel out of US while you were on F1 and your AOS was in process?
If yes...did you use AP to re-enter?
If yes...did you still maintain your F1 status?
Thanks in advance for your reply.
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
If yes...did you use AP to re-enter?
If yes...did you still maintain your F1 status?
Thanks in advance for your reply.
Received card production ordered email today!!!
For all those whose spouses are in F1 status do not worry
I applied through my husband(EB3 July 2004) and i was on F1 when i applied with him. Got funding through F1. Did not use 485 EAD.
Graduated but did not apply for OPT and started using 485-EAD to work.
Well... one more thing our lawyer forgot to include our BC while applying.
Actually he had them when he mailed them initially in DEC 2004 but got rejected and after he came back from vacation in March 05 he reapplied based on the rejected mail in Dec 04 and its then when he forgot to include BC.
I was ver scared reading about F1 being non immigrant visa blah blah... and should not apply for GC..blah blah..unfortunately i could not find a similar case like me...recently i saw a lot of people applying in F1 ...
I am happy to tell...do not worry if you are on F1 and
do not travel on F1 visa
Do not apply for OPT ( my limited knowledge advice)
Your lawyer knows the best!
Regarding LUDs:
If you guys see LUDs on your cases atleast one...be very happy...that means they are about to give you a green card...
I am planning on attending the Rally to show my support to 1V
I hope 2007 will be lucky to every one
Believ me journey through 485 process is nerve-wracking...
Just think if it really makes a difference think about it ...no
Just believe in god ( satyanarayan swami pooja cheyinchukondi)...dont laugh
All the Best:o
EB3
PD : July 2004
RD : March 2005
VSC--> TSC : Mar 2007
LUDs on 485 : July 29, Sep3rd 4th
and card production ordered on 5th
smartboy75
12-04 06:41 PM
Hi Folks
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
Junkie2007
10-09 05:51 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
These are not "IO"s. These are called Customer Service Rep who are not hooked into the IO system. Their main purpose is to satisfy the mandate of servicing the Customer phone calls. There is no explicit mention of quality of service in the mandate. So go figure.
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
These are not "IO"s. These are called Customer Service Rep who are not hooked into the IO system. Their main purpose is to satisfy the mandate of servicing the Customer phone calls. There is no explicit mention of quality of service in the mandate. So go figure.
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