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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roseball
04-07 09:10 PM
We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.
I am glad that things worked out for you and others. However, I would advise not a leave the country without finding the reason for the H4 denial. If denial reasons were legitimate, then it was possible your wife would have to stay in the home country for a long long time. Others shouldn't take this as an example and follow the same course as each case is different and it might not have a happy ending as it did in this case.
I am glad that things worked out for you and others. However, I would advise not a leave the country without finding the reason for the H4 denial. If denial reasons were legitimate, then it was possible your wife would have to stay in the home country for a long long time. Others shouldn't take this as an example and follow the same course as each case is different and it might not have a happy ending as it did in this case.
Winner
04-26 08:20 AM
Troll Alert?
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stillhowlong
01-19 05:55 PM
As far as I know:
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.
Thanks Alvin, so you mean to say it does not matter if I do that process with new employer right?
more...
Picasa
08-13 08:01 AM
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
USDream2Dust
04-23 10:52 PM
One word. Congrats. Lots of people get GC on immigrationvoice.org with PD's in 2002 and 2003.
Great news for newbie's like me with PD in 06/07.
Great news for newbie's like me with PD in 06/07.
more...
actaccord
02-11 06:25 AM
you don't break any law when recording conversations. Check the law on both states (if you are currently in different state than the other party you are calling) as most state don't allow recording of phone conversation without other party permission.
key note....Document and have everything in writing/email/recording...
key note....Document and have everything in writing/email/recording...
2010 Free Blank Outline Map of Asia
/80C0E543CA16FDD5C125718F0054533F/%24file/BWC-map-Asia-Southern2.jpg "lank map of asia with")
Steve Mitchell
March 28th, 2004, 11:33 PM
I am sooo happy I'm almost always on the other side of the lens. Caught me with a mouth full of gum as well. I look like I have a broken jaw.
Here was my shot from this evening's game..
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
Here was my shot from this evening's game..
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
more...
SeanDell
05-29 01:40 PM
?....
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stirfries
03-21 06:16 PM
Hi Stirfries
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
more...
eb3_nepa
07-27 05:49 PM
Lets put it this way.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
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ak_manu
10-17 06:32 PM
Hello,
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
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rockstart
04-17 03:32 PM
Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
1) Since when have you been in US, rather first time when did you come to US
2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation
your responses will be appreciated.
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hoolahoous
03-05 07:25 PM
usually employment based insurance cover pre-existing condition
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GCneeded
11-07 12:32 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
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sweet_jungle
09-16 04:11 PM
Bump
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
more...
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amitga
03-21 10:38 AM
Please see my answers below.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
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crystal
10-06 01:03 PM
--
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
>>You need to fill new I-9 form
If any one has info, please share.
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
>>You need to fill new I-9 form
If any one has info, please share.
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Irs
02-10 01:43 PM
key note....Document and have everything in writing/email/recording...
ssterian01
07-02 12:18 PM
Hi All,
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
I have I485 pending,
EB3 NON-India or China ,
EAD ,
wife on H4 , not added on 485 (married after filed I485)
If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
1. The process is smooth for language training if I am the sponsor and the school is accredited
2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?
Thanks everyone for any piece of information
gcformeornot
10-12 02:16 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
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