addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
wallpaper Jeff Gordon wins in Phoenix:
desi485
11-24 05:34 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
The lawyer I am working with also said the same thing. If 485 is denied in error (whatever is the reason, AC21 or not), one can file MTR and also continue working on EAD. Since the 485 was denied in error, the employment while MTR is being filed, pending will NOT be counted as unauthorised employment. If you read RG forums, he gave exact similar opinion.
I agree with Chandu, we should try to get this from CIS. Just don't know how:(
gc28262
03-04 12:58 PM
See the link
http://www.immigration-information.com/forums/showthread.php?t=7065
http://www.immigration-information.com/forums/showthread.php?t=7065
2011 Jeff Gordon was shouting in
sanjay
09-09 05:01 PM
Contributed a small amount of $100.
Order Details - Sep 9, 2007 4:25 PM CDT
Google Order #818188937700045
Order Details - Sep 9, 2007 4:25 PM CDT
Google Order #818188937700045
more...
Libra
09-29 12:04 PM
only option is they can hire some people to process application on temp basis.
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
eb3_nepa
09-09 11:05 PM
Just made an online contribution through my banks bill pay for $150.00. My handle should be part of the memo.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
On a more important note:
WHY is the "Contact us" link SO hard to find?? I was required to put in the IV phone number and it took me more than 10 mins to find it. I highly suggest that the administrators put the contact link on the homepage itself.
more...
Libra
09-11 04:46 PM
rajan1976, ram_c, sriswam, new_gc_guy and pshah177 thank you guys for your contributions.
2010 Driver: Jeff Gordon
va_labor2002
06-23 11:00 AM
I got my labor approved only on May 26 ,2006. My Pd was March 12,2002 EB3 Va.
I've already entered details into http://www.trackins.com
Data was:
PD 12/19/2002
Approved EB3 RIR 6/14/2006
received copy today
Originally NY DOL
Philly BEC
That was 1272 days
Here is a little good news for most....
I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.
Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.
Also from trackins.com it appears that most 45 day letters have been issued.
They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.
Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.
I've already entered details into http://www.trackins.com
Data was:
PD 12/19/2002
Approved EB3 RIR 6/14/2006
received copy today
Originally NY DOL
Philly BEC
That was 1272 days
Here is a little good news for most....
I had estimated that I would get my approval around beginning Sept, but I got it about 6 weeks earlier. I had been tracking estimating etc., also I had asked a paralegal about whether her customers were being processed in order or if people were disappearing into black holes (as a few appear to a trackins.com). None of her customers were in black holes.
Currently it does appear that Nov and Dec 2002 are being processed at Philly BEC, and in general it does seem to be advancing in date order, with a few approvals now being a few months behind (oldest approval recieved in Dec 2006 was Aug 2002) so the spread was Aug 2002 to Dec 2002 being processed in June 2006. This is based on info at trackins.com and my paralegal's customers.
Also from trackins.com it appears that most 45 day letters have been issued.
They made a public commitment (and in court) to have data entry done by end of June 2006 (i.e. next week). So anyone who has not received a 45 day letter by the end of July should be banging on their door. They appear to be close to all data entry done, so that estimate looks to have been credible. Thus their estimate of all applications processed for Sept 2007 gains some credibility.
Also I based my estimate of when I'd get my LC partly on their estimates of when they'd finish LC processing.
more...
GCBy3000
07-18 05:00 PM
Think about the guys who are stuck with PBEC / DBEC. These are very unfortunate guys / gals who are going to get screwed further due to this receipt date processing for 485. Everything is caused by July VB fiasco.
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
This would suck for older priority dates.
My priority date is March, 2002!! Application was delivered to Nebraska on June 15th but the Receipt date is in mid-July.
So all those filers with priority dates after me (did not come across any with PD older than mine) that got their receipt notices before me would jump ahead in line!! Who knows how many years more...
Hopefully they will change their procedure after this fiasco to go by Priority Dates first and then the receipt dates.
...
hair jeffgordon.com
stldude
07-06 12:55 PM
What is the recently posted link in AILA. This is a restricted page. Can one of the Admin's try to get the contents of the link " July 2, 2007, State Department Notice to USCIS Regarding EB Visa Availability" from AILA website pls.
more...
vikasgarg24
07-21 07:05 AM
Friend
I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.
If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.
I recently got a aloan from BOA on EAD without any probem.
The Loan officer was fully aware the visa sattus. Dont know how he maneged but for me I didn't face any problem in financing from BOA.
If you still face problem send me a private message an I will pass his informations so that you will be on right loan offcer hands who understand visa status etc.
hot Jeff Gordon flies like a
nitinboston
06-11 12:32 PM
Instead of ruining our life running after GC, here are few options
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
1) if you really want to live in a developed country, move to Canada or Australia. their process is much simpler and faster
2) cash out your investments and move to India. you might end up back in US on L1 :)
3) since some of us have had babies here, wait till they can sponsor you.
i have personally done 2 of the above. I have a Canadian PR and i have established contacts in India in case i need a job there. What am i doing here? saving as much money as i can, and waiting for the right opportunity in Canada or India. GC can kiss my ......., i got better things to do in life.
more...
house Jeff Gordon fought back from a
sukhwinderd
04-01 08:15 AM
FL stopped issuing DLs if you are on AOS (ie 485 pending) only with no backup H1/H4.
my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
this is just FYI.
my wife got her DL extended till AP validity even though her I-94 has expired. she entered as parolee.
this is just FYI.
tattoo jeff gordon wins at phoenix
desi3933
08-04 02:42 PM
I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Employee can bear all the GC related cost.
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...
I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.
Good Luck and I hope everyone gets GC soon.
____________________________
US Permanent Resident since 2002
more...
pictures The wait is over, Jeff Gordon
despodude2002
07-21 05:49 PM
Any idea on how frequently such motions are voted on?
dresses Gordon wins at Phoenix:
India_USA
04-29 03:10 PM
way to go pappu!
we will take this on definitely!!!!!!!!! And we will recognize ourselves as Immigration Voice members in our calls
we will take this on definitely!!!!!!!!! And we will recognize ourselves as Immigration Voice members in our calls
more...
makeup jeff gordon phoenix win pictures. jeff gordon phoenix burnout.
jcrajput
09-11 03:49 PM
I don't understand how they calculate PD dates?
Can anyone help me here please?
Thanks
Can anyone help me here please?
Thanks
girlfriend Gordon is motivated and as
snhn
06-10 02:16 PM
From July onwards since there will be no EB3 visas to give, will those IOs previously assigned to EB3 cases be freed up, or will they continue working on EB3 cases (stopping just short of approving them)? What happens to RD who are in July, will their cases continue to process or no will look at them
hairstyles jeff gordon phoenix police.
wandmaker
03-12 11:45 AM
Hi Guys,
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
I noticed recently a lot of people have the status of "Donor" instead of "Senior Member", "Member", Junior Member etc.
How does one become a "Donor". I have donated to IV SEVERAL times in the past.
Can you take sometime to fill in your profile?
rdehar
06-04 01:39 PM
One one hand you have folks who are getting labor approvals from BECs just now and have not filed I-140s.
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
On other hand you have PERM folks who have Labor, I-140 certified in 2 weeks.
Don't you think this provision is a bit harsh on those who've waited 3+ years for labor in BECs ?
wandmaker
05-24 01:44 PM
^^^
No comments:
Post a Comment