joydiptac
05-26 01:50 PM
This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
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Prashanthi
06-29 01:28 PM
I have questions on the facts of your case, you say that a recruiter signed a contract on your behalf?, how is that possible?, the contract would then be between the recruiter and your employer, unless you signed a separate contract with the recruiter agreeing to certain terms and conditions, also it is not clear if your recruiter is in the US or in Phillipines, many other aspects are not very clear. Therefore i gave you a general response as to what happens in these situations, if you need a more specific response to your questions, i suggest that you consult an attorney over the phone or in person, it would make more sense to look at the contract in question and then give you advice on your problem.
h1bnogc
07-27 07:34 PM
I am in similar situation.wondering though..can somebody apply for I485 while his h1b extension denied and file for MTR and decision pending?
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pointlesswait
01-21 11:22 AM
it sounds like it came right out of his a$$
:p
This rumour sounds like its straight out of timesofindia :p;)
:p
This rumour sounds like its straight out of timesofindia :p;)
more...
nik.patelc
10-23 06:36 PM
I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
kerstbrd
07-09 12:02 PM
Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.
That was my feeling all this time. Why couldn't they just give us all the proper forms to fill (which we don't need lawyers for) and then correct the mistakes.
That was my feeling all this time. Why couldn't they just give us all the proper forms to fill (which we don't need lawyers for) and then correct the mistakes.
more...
english_august
07-07 04:10 PM
Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.
Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.
BTW, I am curious as to who first proposed this idea.
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AB1275
12-12 01:03 PM
I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.
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kurtz_wolfgang
08-15 12:54 PM
your description is pretty vague. please provide more details of the precise job description in the labor petition, and the occupational classification code in the application.
Hello GCGreen,
My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.
Hope this information is ample for you to give me some advice.
Hello GCGreen,
My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.
Hope this information is ample for you to give me some advice.
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leo2606
12-22 12:56 PM
now I got it, 'sweet23guyin'
Please contribute to IV.
Please contribute to IV.
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aarzoo
02-02 06:33 PM
@clockwork: Can you suggest some good lawyer(s).
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WillIBLucky
12-13 11:58 AM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
more...
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solaris27
08-06 12:39 PM
hopefully they will process my application soon.....
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conchshell
08-15 02:11 PM
enjoy the green ...
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cjain
08-10 04:36 PM
...if you want...i'll post here..
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
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Kalidindi
07-26 04:30 PM
The PD was current in August 2005 for EB2.
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chava_100
08-04 12:10 PM
Did you recieve old SS# on new card ? or entirely new SS# ?
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RLNY122004
06-15 10:09 PM
CaliGC,
Here is my interview experience which I attendend at NYC district office on Apr 4th 2006.
http://boards.immigrationportal.com/showthread.php?t=208982
If your case is in service center then I think initiating the service request is as good as taking infopass and going to local office. becasue even if you take infopass and go to local office you will only talk to the information officer on infopass counter which is as good as calling the customre service. But if your case is in the local office then I would suggest you to take infopass and go there. If you are lucky you will get to talk to DAO (immigration officer who would be handling your case) and you may be able to find more info.
I am not sure why my case was transfered for interview. But mine was future employment based labor substitution case so that might be the reason.
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
Here is my interview experience which I attendend at NYC district office on Apr 4th 2006.
http://boards.immigrationportal.com/showthread.php?t=208982
If your case is in service center then I think initiating the service request is as good as taking infopass and going to local office. becasue even if you take infopass and go to local office you will only talk to the information officer on infopass counter which is as good as calling the customre service. But if your case is in the local office then I would suggest you to take infopass and go there. If you are lucky you will get to talk to DAO (immigration officer who would be handling your case) and you may be able to find more info.
I am not sure why my case was transfered for interview. But mine was future employment based labor substitution case so that might be the reason.
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
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rajeshalex
11-27 04:56 PM
U can get the tracking nummber /case number from the lawyer . But you can not get any details from USCIS since 140 is owned by company.
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
raysaikat
01-20 07:47 PM
According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.
Marphad
04-20 01:58 PM
My passport expires in 6 months. What is the earliest time before passport expiry can I apply for my Indian passport renewal. How long will it take to process it.
1 year
1 year
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