Desertfox
02-06 03:52 AM
Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.
My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.
There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.
Thanks in advance for your comments on this.
My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.
There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.
Thanks in advance for your comments on this.
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rsrikant
11-02 11:37 AM
I got the same queries guys.
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
i think most of vermont transferred applications are getting it.
i will also send color copies of all the documents mentined by you.
how do you have i 94 for all h1's. i just have my current one. rest all i gave it to immigration while departing to india.
appreciate any responses.
thanks,
srikanth
desi3933
06-22 09:50 AM
[QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
I have answered this question in my last post (#1 in post). Here we go again --
By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
I have answered this question in my last post (#1 in post). Here we go again --
By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
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maddipati1
08-03 07:36 PM
ask ur attorney what if u wont get EAD approved by Jan'08
may be ur attorney thinks u will get EAD before Jan'08.
ask him what if u won't get EAD, with this mad # of EAD filings this month.
may be he is too busy with 485 filings. ask him if he will file after Aug17th
im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.
S
may be ur attorney thinks u will get EAD before Jan'08.
ask him what if u won't get EAD, with this mad # of EAD filings this month.
may be he is too busy with 485 filings. ask him if he will file after Aug17th
im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.
S
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johnamit
07-27 03:39 PM
yes that is true that we need position and job details before looking out usin AC-21. I am in same boat, I have I-140 copy but nothing related to labor. I think I am stuck for next 3-4 years with current employer.
ras
10-25 09:58 PM
Situation :
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
My 485, 765, 131 applications reached USCIS on Aug 17th.
Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.
on Oct 10th got the checks cashed for 485, 765 and 131
The address was updated in USCIS only yesterday (Oct 24).
I haven't got the reciepts yet and need to visit India on Nov 4th.
My questions:
1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?
2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?
3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.
4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?
5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.
Appreciate any suggestions
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gconmymind
08-13 06:53 PM
Hi
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
A friend of mine, with similar credentials like yours (from what i can get from your post) got his GC thru EB2-NIW. He didn't have to go through lengthy labor process. His lawyer recommended against filing for EB-1. Please contact a lawyer and hope for the best
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
A friend of mine, with similar credentials like yours (from what i can get from your post) got his GC thru EB2-NIW. He didn't have to go through lengthy labor process. His lawyer recommended against filing for EB-1. Please contact a lawyer and hope for the best
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needhelp!
11-16 01:09 PM
http://picasaweb.google.com/niloufer78/DFWDiwaliMela2007
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ponvas
09-20 02:48 AM
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://www.mercurynews.com/lachung/ci_6935022
http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives
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Abhinaym
11-17 09:42 AM
The President is once again giving Political KULFI to all Legal immigrants.
Can you please explain what is 'political KULFI'? Not obvious to me...
Can you please explain what is 'political KULFI'? Not obvious to me...
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mikemeyers
11-07 04:34 PM
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.
good luck!!!
Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.
What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
good luck!!!
Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.
What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
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ujjwal_p
06-02 06:12 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
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dpp
10-18 02:20 PM
I said it may be and so it is better to check with attorney. There is nothing wrong in checking with attorney so that he can clarify the doubts.
That is so wrong, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign. Cant believe a Senior member can come up with such an explanation.
Leos link has the answer, the red Not match found error is simply an error between your finger prints taken together and then done individually.
The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.
That is so wrong, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign. Cant believe a Senior member can come up with such an explanation.
Leos link has the answer, the red Not match found error is simply an error between your finger prints taken together and then done individually.
The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.
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god_bless_you
03-17 09:23 AM
GREAT !!
Kudos!!
Kudos!!
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OLDMONK
09-16 12:29 AM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
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alifarhan123
08-27 03:20 PM
I got the 2 yr EAD as well, but don't know what the use of having it without I140 approval.
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kumkum
08-04 01:46 PM
Thank you very much Mr.sk.aggarwal.i will call them.
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roseball
05-18 11:09 PM
3 deportations at POE (EWR) till date this yr .
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?
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psychman
03-30 06:13 PM
In the event handler for the UI element you click, simply do a cast such as "sender as UIElement". That will give you a reference to the element you are trying to find.
:thumb:
Big thanks! I forgot about the random button app you created using this exact concept. http://www.kirupa.com/forum/showthread.php?t=250392
:thumb:
Big thanks! I forgot about the random button app you created using this exact concept. http://www.kirupa.com/forum/showthread.php?t=250392
canmt
12-06 07:59 AM
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
sandy_77
06-20 11:51 AM
I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
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