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  • Ann Ruben
    01-26 10:05 PM
    The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
    __________________________________________________ ______________
    USCIS Adjudicator’s Field Manual, Chapter 23.2



    …….(2) Exceptions to the General Rule .


    Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:

    (A) H and L Nonimmigrants with “Dual Intent.”

    Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.

    As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.

    Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:

    • remain eligible for H-1/H-4 or L-1/L-2 classification,

    • are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and

    • are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).


    If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.

    __________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.

    Ann





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  • jungalee43
    02-28 04:46 PM
    I am joining for sure. Members please respond.





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  • a_yaja
    07-07 09:48 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    Depends on a lot of factors.
    1. Under what category are you planning to file for I-140?
    - EB1, EB2 or EB3?
    2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
    3. How far are you from the 95% difference from your current salary ?

    The reason I ask is this:
    If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

    If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

    If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

    IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

    Ofcourse, this is only my opinion and not legal advice.





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  • glus
    11-26 05:39 PM
    Thanks for the replies, I did not get my approval notice so far and the travel is around the corner.

    Take infopass and get I-551 stamp in your passport. Print out your online status and when you speak to an IO explain the situation. It is risky to leave the states at this point.



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  • nath.exists
    11-02 03:11 PM
    Hi,
    My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.

    1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
    2.)Would she need to be physically here in USA for filing i 485.
    3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
    4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
    5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.





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  • GCKaIntezar
    05-22 08:45 AM
    Sounds like a great positive move with Patton Boggs

    I don't think that I appreciate your sarcasm. First and foremost, you gotta understand that there are NO guarantees in life. Can sen Kennedy or the majority leader gurantee that the bill can pass? No.

    Even the president can't guarantee that the bill will be passed.

    We can give our best shot and hope for the best.

    Therefore I'd request that you please refrain from spreading negative energy around and focus on the current action items.



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  • anu_t
    06-18 11:30 AM
    I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
    There might be a little problem if the 140 is revoked. But you can certainly try.





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  • snathan
    01-22 06:11 PM
    Yes, ICICI bank do not allow more than 4 part pre-payments in a year. I am not sure if it is a calendar year. You can ask ICICI for the part pre-payment terms. When I inquired, they sent me a PDF file.

    I had this issue because I wanted to pay-off my loan to avoid the increasing interest rate. Mine was floating. The officer who sold me the loan gave some misguiding concept "interest rate will go down when the economy is booming". But the reverse happened after I took the loan. I had a floating rate of 7% in Sept 2004. But within a year and half it almost crossed 12.5%.

    I will try to find the email that ICICI sent regarding the part pre-payments terms.

    Normally when the economy is booming, inflation will go up and central bank will increase the interest rate to contain that. The opposite will happen when the economy is going down



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  • gc_rip
    06-18 12:48 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!





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  • ksvreg
    09-25 02:18 PM
    April 2008?
    6months gone by and you are thinking of getting back/extension to h1b now?
    it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
    Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
    Just in case; see what your lawyer has to say.

    Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.



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  • InTheMoment
    04-03 03:15 AM
    Getting help thro' your congressman/woman (House rep. or senator) is the best way forward for you.

    Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.

    Doing this should be your first order of business.





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  • gcwait2007
    07-07 01:25 PM
    My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.

    The status of this service request is:

    Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.

    What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.

    please advise guys ..
    thanks,
    narendra

    As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.



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  • lskreddy
    07-02 04:36 PM
    I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.

    I didn't imply that you were saying that USCIS is approving based on PD's. I agree with your statement in full that they processed EB2 I140's to utilize the visa numbers.

    But, approving that are not eligible for those visa numbers (like mine) are also happening in abundance and that to me is just weird. It is prioritizing one application over another for no apparent reason.

    I have no complaints as I benefitted from it but on the other hand it makes me fume as my other has been pending forever.





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  • zulo1715
    10-20 05:44 PM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.



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  • immi_enthu
    10-01 04:58 PM
    I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well

    Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.

    Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.





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  • bank_king2003
    06-04 03:01 PM
    really appreciate it.



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  • sixpockets
    04-15 10:16 AM
    TomPlate is correct, I followed the same procedure after being rejected twice.
    Here's the supporting FAQ from IRS ...

    http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7





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  • SL%%
    08-17 09:17 PM
    I seriously don't know how many LUD's have passed on my portfolio but the latest is April 30, 2009. Called lawyer and asked them if there were any RFE's, second FP appointment and told me that there are none. I don't know if you read the article where USCIS is pre-adjudicating cases even if the PD is not current. As to what the article said, I think TSC & NSC have already almost used up every EB3 quota for the FY2010 where they needed to pre-adjudicate cases so they would know more or less accurately how big the backlog is. According to the article also, most cases that were pre-adjudicated were those who filed during the 2007 FIASCO they created so it would probably only mean one of the ff:

    - USCIS is playing safe
    - USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
    - USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).





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  • I_need_GC
    07-24 10:35 AM
    On official police letter head

    To whom it may concern.

    Mr. XXXXX son of XXXXX is a citizen of India. He has resided at XXXXXX for the past XXXXX years. Our background check on him found no records of him ever being arrest convicted or prosecuted of any crime minor or major.

    If you have questions you can contact my office.

    Regards

    Police official name
    Police official rant
    Police station address
    police station city
    police station phone number

    .





    gvenkat
    11-30 02:44 PM
    Hi

    I hope someone here can shed some light on my situation. I have two midemeanors on my record and must go for my interview end of next month. The first misdemeanor was last year when I backed up and hit another car's headlight out. Because I did not have my license yet, I left the scene... hit and run. The second was a DUI earlier this year. I ended up with a 5 year probation on the DUI.

    I also received two traffic tickets, driving without a license, in the past two years. I'm almost done paying the fines.

    I received my temporary work permit last month and received my interview notice yesterday. Will these two misdemeanors/tickets play a role in my interview.

    Stupidity has no boundaries! :mad:

    Any advice or comments will be appreciated! Thanks.

    I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...

    Way to go USA... :mad:

    as you said Stupidity has no boundaries! :mad:





    GCNirvana007
    09-04 02:37 PM
    Guys,
    Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

    So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....

    SoP

    :p USCIS loves you - you just get special treatment



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