hebron
04-03 12:31 PM
Hi Bobby,
I'm sorry, I'm a little confused now. Maybe its just me.
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?
2. Did you apply for 3 year H1-b extension even though your passport was not renewed?
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?
Thanks
I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW
I'm sorry, I'm a little confused now. Maybe its just me.
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?
2. Did you apply for 3 year H1-b extension even though your passport was not renewed?
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?
Thanks
I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW
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Sakthisagar
04-15 08:35 AM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
priderock
07-12 01:23 PM
TANA reportedly paid Mr Clinton million dollars for the fund raising dinner/speech. I am not sure how it helps though. I have not seen them raise voice to address our issues.
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Wish_Good
06-23 06:03 PM
Hi Prashanthi,
Thanks for your Service,
Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.
Please advice me.
Thanks a Lot in Advance.
Thanks for your Service,
Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.
Please advice me.
Thanks a Lot in Advance.
more...
Anysia
02-26 01:42 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
coopheal
05-05 12:20 AM
Date of sign up: May 4, 2009
Subscription Name: Donation to Support Immigration Voice (User: coopheal)
Subscription Number: S-22G6*****
Subscription Terms:
$25.00 USD for 12 months
------------------------------------------
Subscription Name: Donation to Support Immigration Voice (User: coopheal)
Subscription Number: S-22G6*****
Subscription Terms:
$25.00 USD for 12 months
------------------------------------------
more...
pa_arora
07-23 04:24 PM
You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.
I would say its worth giving a shot.
[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]
I would say its worth giving a shot.
[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]
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maco
08-10 11:41 AM
Emailed my attorney immediately and he said that as long as the checks do not bounce the application is going to be OK.
It does not matter to the USCIS if the checks do not have the same address as on the I485.
thats sigh of relief for me.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
It does not matter to the USCIS if the checks do not have the same address as on the I485.
thats sigh of relief for me.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
more...
gauravsh
04-28 06:52 PM
Thanks for the info.
Are you presently working?
J Thomas
yes, I am a permanent employee of a US based company since june 2006.
Are you presently working?
J Thomas
yes, I am a permanent employee of a US based company since june 2006.
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chanduv23
10-27 03:45 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
more...
reddog
02-24 12:02 PM
Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I totally disagree with this idea.
infact, for posting onto a forum or replying, there should be minimal registration info required, i would say, the handle, email id, password and the captcha and thats that.
IV should not kick into protective mode cos of one tunnel rat.
the site and the forums should attract people from all walks of life, regardless of their immigration status.
what if i m a lawyer and want to respond to things or post new threads?
what if i m a citizen and want to reply to something i know?
what if i m a father of a h1b trying to find an answer on tourist visas?
I dont want a lengthly registration form for that.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I totally disagree with this idea.
infact, for posting onto a forum or replying, there should be minimal registration info required, i would say, the handle, email id, password and the captcha and thats that.
IV should not kick into protective mode cos of one tunnel rat.
the site and the forums should attract people from all walks of life, regardless of their immigration status.
what if i m a lawyer and want to respond to things or post new threads?
what if i m a citizen and want to reply to something i know?
what if i m a father of a h1b trying to find an answer on tourist visas?
I dont want a lengthly registration form for that.
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pappu
04-24 11:14 AM
OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?
We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.
We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.
IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.
Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.
We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.
We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.
IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.
Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.
more...
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JunRN
11-05 08:26 PM
I guess one option is "follow-to-join". Go back to home country and apply for follow to join.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.
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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
more...
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gc_on_demand
07-19 11:33 AM
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
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anzerraja
06-15 03:16 PM
From my Lawyer:
"You don't have it yet. You can ignore it. "
Anybody having a different opinion ?
Anzer
"You don't have it yet. You can ignore it. "
Anybody having a different opinion ?
Anzer
more...
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sudhirdd
07-11 02:48 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
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Catherine
11-04 02:06 AM
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
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mashu
05-28 04:58 PM
Hi everybody,
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
kamdard
04-08 11:02 AM
PD: MAY-2002 (EB3 India)
I-140/I-485 filed: 28-JUN-2007 (NSC)
I-140/I-485 RD: 24-JULY-2007
I-140 Approval: 05-SEPT-2007
EAD/AP: OCT-2007
I-140/I-485 filed: 28-JUN-2007 (NSC)
I-140/I-485 RD: 24-JULY-2007
I-140 Approval: 05-SEPT-2007
EAD/AP: OCT-2007
GCard_Dream
01-13 01:13 AM
This is precisely the reason I hate to see any 485 related thread. Every single time someone starts a 485 thread, fight breaks out and original intent of the thread is always lost and what's left is just bitter feelings and animosity among members yet members continue to start new threads.
This is a very sensitive issue which brings out a lot emotion and has been discussed to death so please guys.. let's move on to something productive. I think it will be good for everyone if we just let core team decide what's best as far as 485 provision goes.
You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.
I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).
I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.
Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"
This is a very sensitive issue which brings out a lot emotion and has been discussed to death so please guys.. let's move on to something productive. I think it will be good for everyone if we just let core team decide what's best as far as 485 provision goes.
You know bro, I know my share of swear words, and definitely know how to pick a fight. But this is NOT the time.
I'd be the happiest person if we can achieve the goal of blanket I-485 filing. I just hope we can pull it through. The options I mentioned are backup options, in case it wasn't palatable to some. With my PD, a blanket I-485 is my only chance. I should have put this disclosure (for the benefit of those who are generous in using the "selfish" word).
I was just testing the waters, but looks like the mood is "nothing short of a I-485 filing". I wish us luck and will keep my fingers crossed. This will be my last post on this.
Let's come back after 2/15 and check how you feel then. "Cheerful? Joyful? or Zealous? or Joyless, depressed?"
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