pappu
05-23 08:27 AM
This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.
Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
Thanks
Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
Thanks
wallpaper Photo: Review: 2011 Mitsubishi
TigerAmit
09-23 05:32 PM
Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
abhicyber
10-31 09:43 PM
I applied I-485/EAD/AP on RD: 07/19/07 ND: 08/16/07.
No EAD/AP yet?
LUD on AP: 10/22.
No EAD/AP yet?
LUD on AP: 10/22.
2011 Photo: Review: 2011 Mitsubishi
aj_jadeja
02-08 12:11 PM
Also as I understand AMSTREDAM does not require transit visa? is it true?
TRUE
TRUE
more...
ganguteli
04-23 01:16 PM
I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.
That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.
If a lawyer made the mistake and you complain, then at least you will save others like you. One should stop being selfish or scared.
Will you keep quiet if someone robs you or does you harm. Will you at that time think you will lose your time and energy if you report it to cops?
I want to say that I have seen a lot of people blaming lawyers for their problems in immigration. This maybe false too. These lawyers are also doing their jobs. Just because you did not get a good service does not mean they maybe bad. Why did you choose them in the first place. You should have done your due homework first and if you were not satisfied you could have fired them too. And if they are bad, then go and complain to authorities. Do not be scared and listen to people who scare you. You live in a country that has laws and a system.
nikunj007
03-11 01:48 AM
applying for multiple petitions with multiple employers is, as of now, legal. Even if they can track those applications, they can not just reject on the basis of multiple petitions. But, it may be difficult to convince it during the interview..
more...
rajeshalex
09-15 03:01 PM
This month they are prompt and published the date on correct date.
I cant beleive Eb2 NSC is 2008.
(Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
Ombudsman had replied to this email.
I am not sure this email worked )
Rajesh
I cant beleive Eb2 NSC is 2008.
(Last month I had sent a complaint email to ombudsman since there was a major delay in publishing. My summary was if USCIS is not able to manage a small publishing dates, how will they manage large pile of applications.
Ombudsman had replied to this email.
I am not sure this email worked )
Rajesh
2010 2011 Mitsubishi Outlander
xbohdpukc
09-25 02:45 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
more...
rennieallen
11-04 10:41 AM
Its better to keep your mouth Shut and let others think you are a fool, rather than opening your mouth and confirming all doubts ...
That'd be "removing all doubts" ...
That'd be "removing all doubts" ...
hair Principally, 2011 Mitsubishi
eilsoe
10-13 07:21 AM
whaaa'??
more...
smuggymba
09-17 11:19 PM
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
do we know how much it is for this year?
do we know how much it is for this year?
hot 2011 Mitsubishi Outlander
NolaIndian32
04-28 02:20 PM
If your I-94 is only issued until your H1B is valid or until AP is valid, you don't have to worry about extending your I-94 once that H1b or AP expire. When you renew your H1b or AP, it acts as your I-94. Matter of fact, the bottom portion of your H1b approval notice is also the new I-94.
I have travelled numerous times between the US and India since 1994 and not once did I ever worry about the validity of the I-94 because I was always "in-status".
I have travelled numerous times between the US and India since 1994 and not once did I ever worry about the validity of the I-94 because I was always "in-status".
more...
house 2011 Mitsubishi Outlander
Anysia
02-28 05:40 AM
Hi!
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.
To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.
I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.
To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.
I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.
tattoo Related Cars. 2011 Mitsubishi
wandmaker
11-01 10:27 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
more...
pictures Want it; Got it; Had it. 2011
krishna_brc
05-05 08:54 AM
Yes, we don't need original I-485 receipt notice to travel.
I traveled without original I-485.
see below for USCIS note on this
----
[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Rules and Regulations]
[Page 61791-61793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-1]
Rules and Regulations
Federal Register
__________________________________________________ ____________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 245
[CIS No. 2420-07; Docket No. USCIS-2007-0047]
RIN 1615-AB62
Removal of Receipt Requirement for Certain H and L Adjustment
Applicants Returning From a Trip Outside the United States
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
SUMMARY: This rule removes the requirement that certain H and L
nonimmigrants returning to the United States following a trip abroad
must present a receipt notice for their adjustment of status
applications to avoid having such applications deemed abandoned. The
purpose of this narrow change is to remove an unnecessary documentation
requirement from the regulations that the Department of Homeland
Security has determined causes an undue burden on H and L
nonimmigrants.
DATES: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
Management Division, Domestic Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
SUPPLEMENTARY INFORMATION:
I. Background
Travel outside the United States for an alien who has filed Form I-
485, ``Application to Register Permanent Residence or Adjust Status,''
to obtain lawful permanent resident status under section 245 of the
Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
affect that application unless the alien takes certain steps before the
trip. Most applicants must obtain permission from U.S. Citizenship and
Immigration Services (USCIS) to travel prior to the trip, a process
referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
these applicants, departing the United States without advance parole
while their adjustment of status applications are pending results in
automatic abandonment of the applications and constitutes grounds for
denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).
III. Rulemaking Requirements
DHS finds that this rule relates to internal agency management,
procedure, and practice and therefore is exempt from the public comment
requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
553(b)(A). This rule does not alter substantive criteria by which USCIS
will approve or deny applications or determine eligibility for any
immigration benefit. Instead, this rule relieves a document
presentation requirement for certain applicants for immigration
benefits. Specifically, this rule removes the requirement that H-1/H-4
and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
adjustment of status applications upon readmission to the United States
after a trip abroad in order to avoid having their applications
abandoned. This document presentation requirement is unnecessary since
it concerns information that is already available to DHS. This final
rule merely eliminates an unnecessary burden on these arriving aliens
and streamlines agency management of its processes. As a result, DHS is
not required to provide the public with an opportunity to submit
comments on the subject matter of this rule.
Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
to make the rule effective upon publication in the Federal Register
without prior notice and public comment on the grounds that delaying
implementation of this rule to allow for public comment would be
impracticable and contrary to the public interest. As a result of
USCIS's July 17, 2007, announcement that it would accept employment-
based Forms I-485 filed by aliens whose priority dates are current
under Department of State Visa Bulletin No. 107, USCIS received an
unprecedented volume of employment-based applications for adjustment of
status, including those filed by H and L nonimmigrants. Because of the
recent surge in such filings, it will take several weeks for USCIS to
enter the necessary data and issue Form I-797 receipt notices for
employment-based adjustment of status applications. Therefore, it is
important for this rule to take effect as soon as possible to avoid
undue hardship on applicants who may need travel outside the United
States prior to receiving the receipt notice.
In addition, no substantive rights or obligations of the affected
public are changed by this rule. DHS believes the public will welcome
this change. The public needs no time to conform its conduct so as to
avoid violation of these regulations because the rule relieves a
requirement of the existing regulations. Further, this rule will have
no adverse impact on DHS' adjudicatory responsibilities or ability to
track the foreign travel of affected persons since DHS already records
the admission of all nonimigrants. For these reasons, this rule is
effective immediately under 5 U.S.C. 553(d)(1) and (3).
This rule relates to internal agency management, and, therefore, is
exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
13132, 13175, 13211, and 13272. This rule is not considered by DHS to
be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. Therefore, it has not
been reviewed by the Office of Management and Budget. Further, this
action is not a proposed rule requiring an initial or final regulatory
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. In addition, this rule is not subject to the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
or the E-Government Act of 2002, 44 U.S.C. 3501, note.
Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
13, all Departments are required to submit to the Office of Management
and Budget (OMB), for review and approval, any reporting requirements
inherent in a rule. This rule does not affect any information
collections, reporting or recordkeeping requirements under the
Paperwork Reduction Act.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
Regulations is amended as follows:
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
1. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
follows:
Sec. 245.2 Application.
(a) * * *
(4) * * *
(ii) * * *
(C) The travel outside of the United States by an applicant for
adjustment of status who is not under exclusion, deportation, or
removal proceeding and who is in lawful H-1 or L-1 status shall not be
deemed an abandonment of the application if, upon returning to this
country, the alien remains eligible for H or L status, is coming to
resume employment with the same employer for whom he or she had
previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
is in possession of a valid H or L visa (if required). The travel
outside of the United States by an applicant for adjustment of status
who is not under exclusion, deportation, or removal proceeding and who
is in lawful H-4 or L-2 status shall not be deemed an abandonment of
the application if the spouse or parent of such alien through whom the
H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
alien remains otherwise eligible for H-4 or L-2 status, and, the alien
is in possession of a valid H-4 or L-2 visa (if required). The travel
outside of the United States by an applicant for adjustment of status,
who is not under exclusion, deportation, or removal proceeding and who
is in lawful K-3 or K-4 status shall not be deemed an abandonment of
the application if, upon returning to this country, the alien is in
possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
K-4 status.
Dated: October 15, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7-21506 Filed 10-31-07; 8:45 am]
BILLING CODE 4410-10-P
I traveled without original I-485.
see below for USCIS note on this
----
[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Rules and Regulations]
[Page 61791-61793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-1]
Rules and Regulations
Federal Register
__________________________________________________ ____________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 245
[CIS No. 2420-07; Docket No. USCIS-2007-0047]
RIN 1615-AB62
Removal of Receipt Requirement for Certain H and L Adjustment
Applicants Returning From a Trip Outside the United States
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
SUMMARY: This rule removes the requirement that certain H and L
nonimmigrants returning to the United States following a trip abroad
must present a receipt notice for their adjustment of status
applications to avoid having such applications deemed abandoned. The
purpose of this narrow change is to remove an unnecessary documentation
requirement from the regulations that the Department of Homeland
Security has determined causes an undue burden on H and L
nonimmigrants.
DATES: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
Management Division, Domestic Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
SUPPLEMENTARY INFORMATION:
I. Background
Travel outside the United States for an alien who has filed Form I-
485, ``Application to Register Permanent Residence or Adjust Status,''
to obtain lawful permanent resident status under section 245 of the
Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
affect that application unless the alien takes certain steps before the
trip. Most applicants must obtain permission from U.S. Citizenship and
Immigration Services (USCIS) to travel prior to the trip, a process
referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
these applicants, departing the United States without advance parole
while their adjustment of status applications are pending results in
automatic abandonment of the applications and constitutes grounds for
denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).
III. Rulemaking Requirements
DHS finds that this rule relates to internal agency management,
procedure, and practice and therefore is exempt from the public comment
requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
553(b)(A). This rule does not alter substantive criteria by which USCIS
will approve or deny applications or determine eligibility for any
immigration benefit. Instead, this rule relieves a document
presentation requirement for certain applicants for immigration
benefits. Specifically, this rule removes the requirement that H-1/H-4
and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
adjustment of status applications upon readmission to the United States
after a trip abroad in order to avoid having their applications
abandoned. This document presentation requirement is unnecessary since
it concerns information that is already available to DHS. This final
rule merely eliminates an unnecessary burden on these arriving aliens
and streamlines agency management of its processes. As a result, DHS is
not required to provide the public with an opportunity to submit
comments on the subject matter of this rule.
Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
to make the rule effective upon publication in the Federal Register
without prior notice and public comment on the grounds that delaying
implementation of this rule to allow for public comment would be
impracticable and contrary to the public interest. As a result of
USCIS's July 17, 2007, announcement that it would accept employment-
based Forms I-485 filed by aliens whose priority dates are current
under Department of State Visa Bulletin No. 107, USCIS received an
unprecedented volume of employment-based applications for adjustment of
status, including those filed by H and L nonimmigrants. Because of the
recent surge in such filings, it will take several weeks for USCIS to
enter the necessary data and issue Form I-797 receipt notices for
employment-based adjustment of status applications. Therefore, it is
important for this rule to take effect as soon as possible to avoid
undue hardship on applicants who may need travel outside the United
States prior to receiving the receipt notice.
In addition, no substantive rights or obligations of the affected
public are changed by this rule. DHS believes the public will welcome
this change. The public needs no time to conform its conduct so as to
avoid violation of these regulations because the rule relieves a
requirement of the existing regulations. Further, this rule will have
no adverse impact on DHS' adjudicatory responsibilities or ability to
track the foreign travel of affected persons since DHS already records
the admission of all nonimigrants. For these reasons, this rule is
effective immediately under 5 U.S.C. 553(d)(1) and (3).
This rule relates to internal agency management, and, therefore, is
exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
13132, 13175, 13211, and 13272. This rule is not considered by DHS to
be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. Therefore, it has not
been reviewed by the Office of Management and Budget. Further, this
action is not a proposed rule requiring an initial or final regulatory
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. In addition, this rule is not subject to the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
or the E-Government Act of 2002, 44 U.S.C. 3501, note.
Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
13, all Departments are required to submit to the Office of Management
and Budget (OMB), for review and approval, any reporting requirements
inherent in a rule. This rule does not affect any information
collections, reporting or recordkeeping requirements under the
Paperwork Reduction Act.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
Regulations is amended as follows:
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
1. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
follows:
Sec. 245.2 Application.
(a) * * *
(4) * * *
(ii) * * *
(C) The travel outside of the United States by an applicant for
adjustment of status who is not under exclusion, deportation, or
removal proceeding and who is in lawful H-1 or L-1 status shall not be
deemed an abandonment of the application if, upon returning to this
country, the alien remains eligible for H or L status, is coming to
resume employment with the same employer for whom he or she had
previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
is in possession of a valid H or L visa (if required). The travel
outside of the United States by an applicant for adjustment of status
who is not under exclusion, deportation, or removal proceeding and who
is in lawful H-4 or L-2 status shall not be deemed an abandonment of
the application if the spouse or parent of such alien through whom the
H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
alien remains otherwise eligible for H-4 or L-2 status, and, the alien
is in possession of a valid H-4 or L-2 visa (if required). The travel
outside of the United States by an applicant for adjustment of status,
who is not under exclusion, deportation, or removal proceeding and who
is in lawful K-3 or K-4 status shall not be deemed an abandonment of
the application if, upon returning to this country, the alien is in
possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
K-4 status.
Dated: October 15, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7-21506 Filed 10-31-07; 8:45 am]
BILLING CODE 4410-10-P
dresses 2011 Mitsubishi Outlander
lostinbeta
10-21 01:35 AM
Wow, very interesting. I have never heard of that before.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
Well where I was thinking falls in those rules, according to that grid, it was #2.
Like I said though, put it where you want... don't mind me...just blurting stuff out.
more...
makeup New 2011 Mitsubishi Outlander
ram04
04-25 10:13 PM
I m joining new company by changing H1.
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
girlfriend 2011 Mitsubishi Outlander
god_bless_you
08-15 09:39 AM
they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.
we can ask support from
http://www.usinpac.com/
let us register with USINPAC from here
http://www.usinpac.com/register.asp
another wikipedia which has lot of info on Indian Americans!!
check Politics section on this page
http://en.wikipedia.org/wiki/Indian_American
another interesting item ..
Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).
we can ask support from
http://www.usinpac.com/
let us register with USINPAC from here
http://www.usinpac.com/register.asp
another wikipedia which has lot of info on Indian Americans!!
check Politics section on this page
http://en.wikipedia.org/wiki/Indian_American
another interesting item ..
Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).
hairstyles 2011 Mitsubishi Outlander
jayp
12-16 11:04 AM
check this link for NJ DMV
http://www.state.nj.us/mvc/
then select renew license renew which has a page for you to select the
6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
I assume you do not have a valid I-94.
Also call your state DMV and confirm what documents are sufficient.
hope this helps.
http://www.state.nj.us/mvc/
then select renew license renew which has a page for you to select the
6 point id verification. I looked and it has EAD as one of the documents. I would print each page with your selection and take it with you
I assume you do not have a valid I-94.
Also call your state DMV and confirm what documents are sufficient.
hope this helps.
sri1234
02-09 04:52 PM
THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country
In the below link find the site/airport closest to your current address.
http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
Yes, Krishna_brc is correct. A friend of mine got his I-94 issue fixed by following the above process.
Sri
In the below link find the site/airport closest to your current address.
http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/
Call up the phone number in the link and fix an appointment.
Go with Old Passport, new passport and all visa documents and I -94
Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.
Thanks,
Krishna
Yes, Krishna_brc is correct. A friend of mine got his I-94 issue fixed by following the above process.
Sri
kaisersose
10-17 11:47 AM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
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