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 12 e 13 Giugno: referendum in
psaxena
06-11 04:34 PM
hey if you know more about goa, please PM me , I want to retire their.. I was in Goa in 1993. It was beautiful that time..
Although I can think of better drinks, and Goa isn't what it used to be any more. :)
jazz
Although I can think of better drinks, and Goa isn't what it used to be any more. :)
jazz
harsh
03-16 02:03 PM
Would it help to call senator Specter's office to find out what he feels about the chances of his bill? Will it get a chance to go through all the amendements by the committe or Senate Leader will table his own bill on 27th?
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kondur_007
12-16 07:50 PM
But million dollar question is when they will apply spillover visa?
I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.
I think they will apply spillover only in the last quarter (July-sept 2010). Nothing will happen till July. And even in the last quarter, significant jump would be only in sept.
more...
dtekkedil
09-14 01:03 PM
Great job Milind!
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
Keep it up! You should be our "guest of honor" at the rally!
How about we build a "wooden" chair and carry you around at the rally? Not to mention lots of flower garlands! :)
What do you say folks?
beppenyc
03-08 02:23 PM
I can`t beleive it. I am very disappointed, that is unveliable. Everytime that it looks that something is happening...we got some problems. Now what`s going on with the democrats....
more...
HRPRO
02-23 04:31 PM
Well, I had a Infopass last week to check on a Soft LUD on my I-140, I heard slightly different story, they did not say adjudicating the EB application, but Process the EB application, which I guess what they were saying is pre-adjudicating the cases, in the last few weeks with lot of cases being transferred (both EB2/EB3) to different offices, pre-adjudicating the cases makes sense....but hey, we are talking about USCIS here, we never know, whatever you heard could be true too......
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
One piece of information that made me happy reading your comment was "a directive from the DHS/USCIS that they want to separate the legal stuff from the illegal stuff", this is good news.....but wondering what does legal/illegal mean to USCIS anyway......and how does it help us from retrogression point of view??
What is LUD
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pa_arora
06-10 05:22 PM
When do you think would EB2-I hit Feb 2005? Before this year end?
NO ONE knows abut it...no one includes USCIS too. cause they dont work on what will be needed in future.
NO ONE knows abut it...no one includes USCIS too. cause they dont work on what will be needed in future.
more...
lg72
07-24 10:18 PM
fairboy and friends,
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
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sw33t
09-12 12:26 PM
Thank you milind. Your initiative is much appreciated.
more...
ItIsNotFunny
10-21 03:22 PM
I am sending PMs to senior members of forum requesting to send emails. Started with "A" :)
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diptam
08-02 04:00 PM
Whenever i read your Post i feel Good - The Rep that i spoke to USCIS told me that July 2nd filers has minimum wait till Aug 15th :D
By the way there is a Prediction for OCT Bulletin in Market >>
EB3 India retrogressed to MAY 2001 and so on , so forth - Enjoy...
http://www.bibdaily.com/pdfs/Jan%20P...n%208-2-07.pdf
I had an email conversation with my lawyer regarding 180 day portability. She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
By the way there is a Prediction for OCT Bulletin in Market >>
EB3 India retrogressed to MAY 2001 and so on , so forth - Enjoy...
http://www.bibdaily.com/pdfs/Jan%20P...n%208-2-07.pdf
I had an email conversation with my lawyer regarding 180 day portability. She said that the count for 180 days should begin with notice date for safe side.
However the count begins with Receipt Date which is a day or 2 off from the actual application receive date (mail received date).
This is what i got from my lawyer.
more...
house Il referendum consultivo
addsf345
11-14 06:02 PM
They highly receommended that people should maintain H1 status as much as possible until the GC process is fully complete.
Regarding EAD they said
. it is a blanket work authorization but you should watch for expiry date and maintain its continuity to keep working.
. interestingly to Murthy's surprise, the EAD has been extended by USCIS even if a MTR is pending. This is unusual as there is no written word about it and preciously USCIS used to deny EAD extensions.
. AOS is authorized stay even if your EAD expries. You are not out of status with EAD expiry but you must renew it ASAP.
. They said "You are allowed to stay until 485 is adjudicated" (meaning while using EAD)
found on this URL: http://www..com/discussion-forums/i485-1/220445073/
Regarding EAD they said
. it is a blanket work authorization but you should watch for expiry date and maintain its continuity to keep working.
. interestingly to Murthy's surprise, the EAD has been extended by USCIS even if a MTR is pending. This is unusual as there is no written word about it and preciously USCIS used to deny EAD extensions.
. AOS is authorized stay even if your EAD expries. You are not out of status with EAD expiry but you must renew it ASAP.
. They said "You are allowed to stay until 485 is adjudicated" (meaning while using EAD)
found on this URL: http://www..com/discussion-forums/i485-1/220445073/
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philliBECupdate
04-01 11:31 AM
One of a consulting company has received labour approvals from Philli for Feb 2003. I dont have the details now I will post the details on monday its in my office computer. I saw the approval notices 30 days back.
All the labor pettions that the company has applied was approved including the one they applied in Feb 2002. ...Confusing.
All the labor pettions that the company has applied was approved including the one they applied in Feb 2002. ...Confusing.
more...
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GCNirvana007
09-17 06:21 AM
Looks like IL is the place to get the license. No questions asked and you will get 5 years. I just had my license renewed for 5 years in Aug 2008 by mail even though my H1 expires in Oct 2009.
No questions asked - 6 yrs in CT. Now fetch that. :p
No questions asked - 6 yrs in CT. Now fetch that. :p
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sanju_dba
08-12 11:46 AM
:eek:This will infact increase offshoring.
These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.
So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.
These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.
after outsourcing at its peak , then comes tag a fee for every outsourcing byte flowing via internet....
These companies will pay the extra fees, but will change their onshore/offshore model. Will use less H1/L1 visas , but will increase the headcount of offshore operations.
So the smart senator will force more jobs to be outsourced. These jobs will never comeback once gone. If we look back at the 2000 recession, it caused a major shift in the way US companies looked at outsourcing. Pre-2000 many companies didn't believe that all jobs could be outsourced. 2000 recession forced them to think otherwise.
These kind of bills will cause a re-thinking in corporate america's thought process. They will think of creative ways to outsource. Against this senator's hopes, it will reduce jobs here.
after outsourcing at its peak , then comes tag a fee for every outsourcing byte flowing via internet....
more...
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bestofall
09-12 04:48 PM
for any IV core agreed plan
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nogc12
07-19 12:42 AM
Signed up mothly contribution from july.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
Atleast with the current visa bullettin change has eased the worry of a lot of people if not all. Also get the satisfaction that we are doing something to improve our situation.
hairstyles Referendum nucleare: sì della
Jaime
09-12 05:04 PM
Bump
GCwaitforever
05-15 03:55 PM
There seems to be no trend. Mine is non-RIR from 2001 November, transferred from Federal. I have not heard anything after receving 45-day letter in May 2005. Recent case status from BEC says my application is awaiting further review by a BEC analyst. One day, it might be approved. Incidentally DOL web site says still 17 months remaining for backlog removal.:D We should see light at the end of tunnel after another 1 1/2 years.
rajeev_74
04-25 02:44 PM
I just wanted to bring it to the table...I think all of us have the right to voice our opinion & looks like we all have in the case. Now it should be upto the IV to take it or leave it. They are the leaders in this initative & let them make the final call on if it needs to be part of our agenda or not. Thanks
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