natrajs
09-24 11:35 PM
Good to know..I had a soft LUD 9/23 after the hard one on 9/22 (approval notice sent email, 5th step) - still waiting for cards....anyone with SLUDs after the approval notice sent updates?
Soft LUD on 9/21/09, - TSC, The cards were mailed on 9/21/09 from TSC and we recd it on 9/23/09 - NJ
Soft LUD on 9/21/09, - TSC, The cards were mailed on 9/21/09 from TSC and we recd it on 9/23/09 - NJ
wallpaper Salvage CHRYSLER CONCORDE 3.5L
desi3933
08-19 02:01 PM
Well, s/he did say s/he was proud to be an INDIAN-American, didn't s/he? In the order you wanted...
I don't have to tell anyone how I feel about my country-of-origin. Whatever I am, I am due to India.
One can take man of out India, but never India out of man.
__________________________________________________ _
Proud to be an Indian-American and Legal Immigrant.
I don't have to tell anyone how I feel about my country-of-origin. Whatever I am, I am due to India.
One can take man of out India, but never India out of man.
__________________________________________________ _
Proud to be an Indian-American and Legal Immigrant.
485Mbe4001
06-17 04:03 PM
Please make the calls, recapture of unused visas helps all the affected parties, irrespective of country or categories. It will help EB3-I
Do we have any agenda for EB3-I?
Do we have any agenda for EB3-I?
2011 2002 Chrysler Concorde LXi
Waitnwait
12-02 12:05 PM
pansworld,
Its not IV I am worried about ... I trust them completely.
Its the the big bad wolves out there :) .... they might use such info to their advantage ....(call me paranoid)
I believe, the best and safest way to disseminate such important information is through state chapters. I know what you are getting at when suggesting that we should be open about our needs and goals .... The strategic vision is pretty much laid out by the core and is clear enough for the general public (I think) ...
monetary needs... thats a different ball game ...
I agree that posting the monetary figures might not be a good idea. But we need to find a way to make everyone who visits the site part of the bigger picture. I see that happening if we have a Percentage Ticker on the site which shows how much of the target is met and how much is left.
Its not IV I am worried about ... I trust them completely.
Its the the big bad wolves out there :) .... they might use such info to their advantage ....(call me paranoid)
I believe, the best and safest way to disseminate such important information is through state chapters. I know what you are getting at when suggesting that we should be open about our needs and goals .... The strategic vision is pretty much laid out by the core and is clear enough for the general public (I think) ...
monetary needs... thats a different ball game ...
I agree that posting the monetary figures might not be a good idea. But we need to find a way to make everyone who visits the site part of the bigger picture. I see that happening if we have a Percentage Ticker on the site which shows how much of the target is met and how much is left.
more...
pappu
06-14 11:26 AM
Are you sure your namecheck is pending? How?
Do you have any written proof?
If there is no arrest record or any suspicious item in your application, your application may have been picked up randomly for interview. IV had worked on Namecheck issue in the past and namechecks should not be taking more than 6 months except very very few cases.
Do you have any written proof?
If there is no arrest record or any suspicious item in your application, your application may have been picked up randomly for interview. IV had worked on Namecheck issue in the past and namechecks should not be taking more than 6 months except very very few cases.
EB-VoiceImmigration
04-07 04:52 PM
@Alex: I like your will to file compliant. There are lot of people who want to do this, but doesn't have enough courage to even start the process. You did the first step by looking for information on how to file compliant. Since you decided to go back, I dont want to comment on other options
I saw one post on the thread by "Mayday" (its the ONLY relevant post for your initial question) on how to file complaint. Please follow that. I tried to search for more details, but I counldn't get more. Also please contact DOL (www.dov.gov, just call them, If I'm in your place I will do the same) see if they can provide any info. Some where I read that we can even complain from our own country. check that.
Most of the people in this forum are kind of "zombies".( they will get back to normal life once they receive their GC) Please ignore them.
I saw one post on the thread by "Mayday" (its the ONLY relevant post for your initial question) on how to file complaint. Please follow that. I tried to search for more details, but I counldn't get more. Also please contact DOL (www.dov.gov, just call them, If I'm in your place I will do the same) see if they can provide any info. Some where I read that we can even complain from our own country. check that.
Most of the people in this forum are kind of "zombies".( they will get back to normal life once they receive their GC) Please ignore them.
more...
smartboy75
10-01 02:20 PM
I have the same update on 09/30/2007......
hey wawa / prince7
I sent you a private message ...kindly respond...
hey wawa / prince7
I sent you a private message ...kindly respond...
2010 1996 Chrysler Concorde
letstalklc
09-11 11:04 AM
Hi All
Where u take SBI or ICICI they will not tell you the date on which the actually transaction was taken place. Yes its right that they keep money with them for 2-3 days and remit only when they see that exchange rate will increase.
I have used both, in my personal opinion SBI offers good rate than ICICI.
Again, this may be not correct because we don't know the time they update their web site to reflect the current exchange rate.
I know ICICI not good in terms of every thing, I had very very bad experience with them couple of times, then I have switched to SBI 3 years ago, now I am using SBI NRI account as well as their GLS services to transfer money.
Coming back to conversation rate, SBI will update only once in the morning and will give you that rate on the day money will be transferred into your INDIA account (Normally 5th working day), I have checked lot of times to confirm the same and every time it is correct so far (3+years).
Now a days they have also opened customer support with toll free no, where you can call them from here.....which is really good....
Where u take SBI or ICICI they will not tell you the date on which the actually transaction was taken place. Yes its right that they keep money with them for 2-3 days and remit only when they see that exchange rate will increase.
I have used both, in my personal opinion SBI offers good rate than ICICI.
Again, this may be not correct because we don't know the time they update their web site to reflect the current exchange rate.
I know ICICI not good in terms of every thing, I had very very bad experience with them couple of times, then I have switched to SBI 3 years ago, now I am using SBI NRI account as well as their GLS services to transfer money.
Coming back to conversation rate, SBI will update only once in the morning and will give you that rate on the day money will be transferred into your INDIA account (Normally 5th working day), I have checked lot of times to confirm the same and every time it is correct so far (3+years).
Now a days they have also opened customer support with toll free no, where you can call them from here.....which is really good....
more...
p1234
10-04 06:22 PM
It may not be popular here, but IMHO PD porting within the same filing category can be allowed, but not retaining the same PD if you are "upgrading" to another category.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
I remember one person giving an analogy of a queue in a grocery store. I would like to give a different take on it. One express line and another regular line. Lets say the regular line moves real slow and the express line is well express. However the express line slows down, but is not as slow as the regular line. The person waiting in a regular line decides enough is enough, moves to express line (by dumping the items that exceed the express line limit).
How would the people in the express line react if the person from the regular line tries to "retain" his or her position by cutting into the express line, stating that he/she was before them, but only in a different line?
If you think logically, that is the case we have here with category interfiling.
I would recommend some sort of compromise, as its not fair either to ask EB3 people to move to the end of queue, as all said and done they've been able to bargain with their employer to apply for their GC, while we did enjoy a bit in grad school, and came out with a sense of entitlement. :D
Some intermediary date, lets say determined by a mathematical algorithm (hopefully not designed by gctest) or whatever is deemed to be a fair date. But retaining the original timestamp in the regular queue is unacceptable to those who have qualified for EB2 before the one porting his/her date to EB2.
I think USCIS must meet the EB convertors somewhere mid-way to maintain fairness.
About gctest, what has pissed me off so consistently is his trash-talk, calling EB3 third grade workers, his utterly self-centered attitude and inability to see other side of the story. Over and above that he lies, cheats and changes his story all the time.
angelfire, before you go and make such a determination, please do understand the root cause of the issue.
EB3-I processing is stalled, especially after USCIS opened the floodgates and let everyone inside one time.
Folks who were waiting patiently had their clocks turned backwards and pushed at the end? Classic case of starvation.
Upshot - some with older EB3 PDs have ported their dates, after qualifying for senior positions based on their academic credentials and job experience and getting jobs under EB2.
Which is why see an odd 2002 EB2 PD suddenly appearing from nowhere and getting ahead of you.
How many are actually converting?
humongous EB3 number stuck in 2002-2003.
handful people actually converting due to risks involved.
hair 2002 Chrysler Concorde LX
rimzhim
02-07 08:00 PM
you have a PD only if you are in a pool that has a restriction on the number of GCs that can be issued in one year. if you are exempt, basically you don't have a PD. That is, it is always current. You do wait for them to finish processing your I-485 for which there will always be a processing date, which may or may not be current for you.
Also, please don't give any such ideas to USCIS; they may like this particular idea :D
I interpret SKILL as follows for US MS.
1. You wait for your PD to become current.
2. When your PD becomes current, you are not counted against the cap.
How can we verify that my understanding of step 1 is incorrect? Thanks.
Also, please don't give any such ideas to USCIS; they may like this particular idea :D
I interpret SKILL as follows for US MS.
1. You wait for your PD to become current.
2. When your PD becomes current, you are not counted against the cap.
How can we verify that my understanding of step 1 is incorrect? Thanks.
more...
coolduggar
08-14 05:36 PM
Yes, that is right, I said �plight of EB2-India�.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
Stupid Post
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
Stupid Post
hot Shop 2002 Chrysler Concorde
unchew
06-11 11:00 PM
@ElectricGrandpa: You missed the center of the wheel ^^
more...
house 2002 Chrysler Concorde Limited
perm2gc
05-24 02:15 PM
Dude, you have no Idea, I calculated this morning and I have spent.......
$56,500 on Green card (20% of my salary for last 3 years) + lawyers and other $hit.. Let Employers pay this.
I am same boat but with wait times ..how much more we have spent from our pockets.no employer will pay that much:mad:
$56,500 on Green card (20% of my salary for last 3 years) + lawyers and other $hit.. Let Employers pay this.
I am same boat but with wait times ..how much more we have spent from our pockets.no employer will pay that much:mad:
tattoo 2002 Chrysler Concorde Bright
rheoretro
09-13 02:41 PM
Yes, we would all like to help, but unless IV directs us it is difficult to coordinate a unified approach.
Folks,
As a core member I thank you all for your support. IV needs your help with two things. First and foremost, our numbers need to grow. Right now we have about 6,000 members, but we all know there are far more people than that stuck in limbo due to backlogs in the legal immigration process.
Why do we need more numbers? Because when we go to talk to people on The Hill (and I live in DC and work here and I go as well), we have to convince them that we are a sizeable chunk of people in terms of our numerical strength that will vote when we become citizens. This is why we need to get working on this immediately. Talk to your family, friends and colleagues who are stuck in legal immigration backlogs, and get them to join IV. Each existing member should get at least one new member to join up. The more, the better.
Secondly, we need more members to become paying members. This is crucial, as all our work requires $$$. Saying "I'll pay when the work is done" does not help us. The work requires a steady cash flow, and while pledges are deeply appreciated, we can't operate merely on pledges. Many core members work very hard on raising money and on publicity.
So, I earnestly request your help in recruiting new members as well as strengthening our funding. Thank you!
Cheers!
RR
Folks,
As a core member I thank you all for your support. IV needs your help with two things. First and foremost, our numbers need to grow. Right now we have about 6,000 members, but we all know there are far more people than that stuck in limbo due to backlogs in the legal immigration process.
Why do we need more numbers? Because when we go to talk to people on The Hill (and I live in DC and work here and I go as well), we have to convince them that we are a sizeable chunk of people in terms of our numerical strength that will vote when we become citizens. This is why we need to get working on this immediately. Talk to your family, friends and colleagues who are stuck in legal immigration backlogs, and get them to join IV. Each existing member should get at least one new member to join up. The more, the better.
Secondly, we need more members to become paying members. This is crucial, as all our work requires $$$. Saying "I'll pay when the work is done" does not help us. The work requires a steady cash flow, and while pledges are deeply appreciated, we can't operate merely on pledges. Many core members work very hard on raising money and on publicity.
So, I earnestly request your help in recruiting new members as well as strengthening our funding. Thank you!
Cheers!
RR
more...
pictures 2002 Chrysler Concorde LX
inspectorfox
10-10 04:57 PM
Effect of Travel While in H1B / L-1 Status and Pending I-485
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
dresses Used Chrysler Concorde 1994
raamskl
07-19 01:09 PM
[QUOTE=eagerr2i]As Pappu mentioned, the $ 64,000 figure is not a typo. That indeed is the money that was spent by him individually. Logiclife and others made trips to DC,air travel, hotel etc.. does add up real fast. QUOTE]
This is amazing and hats off to you guys.
I am sure lots of people reading these kind of unbelievable recounts here and in the other threads have started contributing (including me). Are you guys getting any kind of numbers back from paypal, on what is the kind of spike that you are seeing in terms of # of people contributing in the last few weeks?
Has it gone up from say, 100 to 1000? or has the new IV crowd been apathetic so far? A feedback from the core will indicate on what kind of response we have been getting.
GO IV..
Cheers.
This is amazing and hats off to you guys.
I am sure lots of people reading these kind of unbelievable recounts here and in the other threads have started contributing (including me). Are you guys getting any kind of numbers back from paypal, on what is the kind of spike that you are seeing in terms of # of people contributing in the last few weeks?
Has it gone up from say, 100 to 1000? or has the new IV crowd been apathetic so far? A feedback from the core will indicate on what kind of response we have been getting.
GO IV..
Cheers.
more...
makeup 2002 Chrysler Concorde LX 4dr
coopheal
04-21 02:06 PM
Sent another one and its about that Moron snathan
:p
You are being warned. mend your ways otherwise be prepared for ban.
:p
You are being warned. mend your ways otherwise be prepared for ban.
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485Mbe4001
09-17 02:27 PM
this seems to be the plan all along. Keeping pushing the ammendments and divert the discussion from the actual issues. A tactic to run down the clock, shows that he is doing something but nothing gets done. Helps the anti immigrants but royally screws us. Same will happen in the House and Senate if this thing moves forward....just venting after watching this snail crawl..god knows why they waste taxpayer money by adding ammendments and wasting everybodies time.
Smith is bringing his 8th ammendment. Lets just sleep guys.
Smith is bringing his 8th ammendment. Lets just sleep guys.
hairstyles 2002 Chrysler Concorde Limited
snathan
03-29 04:32 PM
If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done
If he is calling ICE...only the employees are going to get affected. As the employer is already on GC or USC, he will be slapped with fine. Nothing else. So the best option is DOL and not the ICE.
If he is calling ICE...only the employees are going to get affected. As the employer is already on GC or USC, he will be slapped with fine. Nothing else. So the best option is DOL and not the ICE.
nraja
07-11 02:30 PM
Is anyone make PDF about this rally? So, that we can circulate this by mail.
kshitijnt
01-31 06:48 PM
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that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
This leads to exploitation and unfair business. Should be stopped.
that was the idea behind it, but when a feature is being misused and exploited that needs to be plugged. If microsoft needed a genius they can bring that person in on EB1 or H1B or B1 visa. there are many other avenues.
How do u feel that a person who arrives in US yesterday, buys a labor, gets his GC within a year while thousands of us are waiting patiently.
It is an unfair practice and should have been stopped long time back.
It's never too late though.
Selling labors became the business model of manyof these companies.
Are they doing anything illegal? NO.
Are they doing something ethical? NO
So, the law has to change to give everyone a fair chance.
This leads to exploitation and unfair business. Should be stopped.
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