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Please check my question in blue below

Fitz,

Following is some clarification that I got from my Lawyer..

1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?

a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.

Is this true? So, you don't have to be in US during the entire process of I-485 application?

2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?

a) An I-485 can't be abandoned simply because you left the USA

3) Once we file 485 do we need to wait for the receipt before traveling abroad?

a) No.

Visit visa is only for the max. 6 months. No guarenty they will give that. I know many people got 1-3 months only. My mother used to come here for 6 months and go back to India for 1 months and again come back and stay 6 months. The 3rd time at the JFK, they told her this is your last entry in visit visa and give her 3 months. They told her if you come next time, she will send back as blacklisted. Because she abused the visit visa and stayed most of the time here in US for the couple of years. My sister is a US citizen by then and she filed AOS and I-130 for her and my mother got her GC in 6 months. My friend bring his father here and his father was hospitalized due to a heart attack. He got a bill for 90K. Now he is paying it by installments, because be sponser him. He is liable to pay it. He hired a lawyer, but finally he agreed to pay. So don't bring any one here without taking medical insurance. Parents are not come into H4 catagory.
From IRS point of view, parents are considered dependents if you are taking care of them at home. You could bring them on visitor VISA mentioning that they will be here for medical treatment. You may have to show proof of Insurance etc ... in the affidavit of support. Medical exprenses are costly here. That is the only problem.

yeah.. it doesnt work that way, the fact that your lawyer checked "d" indicated you have an advanced degree (masters and beyond). you have to prove that your BS+X exp is in fact Masters equivalent with your LC and job ads and recruitment effort etc etc. It is then at the discretion of the IO to allow the classification under EB-2, else he will issue an RFE (which he did) and even after your response to RFE, he may deny the EB-2 classification and you will have to amend it with EB-3. Your lawyer should have known this would trigger an RFE.

I have got the A#. Thanks guys..

is this the number same even to my 140? I guess this number is assigned at the 140 stage.

so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.

With the A# they can pull up your record (which should in theory include all your applications)...

Will they give you your 140 status?
Answer: You will find out when you call 'em up :)

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Done

Hope others also ask some questions

If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.

I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.

Have you got the RFE?If so what is the RFE about.

Better Luck in December bulletin for EB2 and Hope Eb3 will move forward too.

All the best to all waiting for GC like me.

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

The per country limit for countries is 7% and for dependency is 2% . I am not sure what the exact definition of dependency is. The FAM manual lists dependencies. Greenland is listed as a dependency.

Greenland became an integral part of the Kingdom of Denmark in 1953.

Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)

FAM Manual

Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)

If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:

Andaman and Nicobar Islands
Chandigarh
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
National Capital Territory of Delhi
Puducherry


Additional Research: Goa and Pondicherry have been removed. Can somebody help me with the official UN docs?

United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_Nations_list_of_Non-Self-Governing_Territories)

Union Territories - Profile - Know India: National Portal of India (http://india.gov.in/knowindia/union_territories.php)

So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?

Goa and Pondicherry are states now.

It is difficult without knowing the meaning of dependencies and how it is defined.

AC21 letter can be sent to USCIS, but as everyone says its not a must.

AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.

In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.

Any kind of full time employment with monetary gains is not allowed on h4 status. You can legally go to university or any community college full time, and take up any kind of training programs or voluntary work with no remuneration. Also, passive investment such as stocks/ bonds etc is OK.

If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..

Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?

Hi,

First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).

Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??

Thanks for your time.

What i have heard is that the RFE for I140 are mostly for ability to pay and for educational qualifications.

I have got EAD and AP.I think i would not have got them if the 140 is not filled.

I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.

I wanted to know is there a way out.

If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.

You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.

You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.

Talk to your HR regarding the different options.

Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.

Iam on H4 and my visa expired on oct 31 '06 , I have applied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.

I have to visit India this month end and have booked my tickets with delta, from US to India via Paris(France).

I have 3 questions :

1. Do I Need an airport transit visa since iam travelling via France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal)
3. Can I travel with an expired H4 visa ?

Please Help ???

Hi,

I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?

Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.

Thanks
Ron