glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
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Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Guest007
10-06 05:36 PM
I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back
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Robert Kumar
01-26 07:10 AM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
I can imagine how it feels, belv me, yet, keep looking and dont give up
Good luck!
I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
I can imagine how it feels, belv me, yet, keep looking and dont give up
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laksmi
01-08 01:01 PM
If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy
pthoko
08-12 12:49 PM
I think in your case it's OK
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Pallavi79
01-11 11:54 AM
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09-23 08:25 PM
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nlssubbu
06-20 02:41 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
Thanks
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edaltsis
05-06 12:51 AM
Per the law no matter what:- You need to prove that you have a job and that should be same/similar job that of your Labor. I cant advise you to go with option 3 as it's at your will. I am not sure about option 2 if USCIS will really accept because you are supposed to have a job in hand. Green Card is filed based on Future Employment but it doesn't mean that you can be without job until you get your Green Card.
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!
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raoece
07-06 05:10 PM
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
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logiclife
12-20 11:38 AM
did you get a letter from USCIS to your new address that they have received your address change request?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
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ganesha
09-04 01:32 PM
I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
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morchu
05-06 09:51 AM
Self employment is an option. But the biggest issue there will be to explain the "permanent" aspect of it. But better than saying you are still looking for job (which can lead to automatic denial). Maybe self-employed approved candidates should come forward and explain their experience.
Future "permanent" job offer letter from an established employer is safer.
Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".
Future "permanent" job offer letter from an established employer is safer.
Dont loose your hope and continue job hunting rigorously. Location/Wage can be different for the new job, all it matters is "same/similar".
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quizzer
10-11 12:43 PM
Vic,
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
when was your I140 EB2 filed in Nebraska service center (receipt date) and when did you receive the RFE?
My understanding is you should have completed the masters program before labor was applied....Consult your attorney before responding to the RFE.
All the best!!!
Thanks
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04-22 10:09 AM
Applied on Feb 6 and approved on March 18.
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10-09 04:21 PM
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thomachan72
10-05 09:39 AM
I went to Kanha and Bandhavgarh National parks, the last two times I had been to India. The december season is not the best one for tiger viewing, however; if you give it 2-3 days, you will see some activity.
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
Do you go with family/kids? game drive? Do you drive through the forest in a personal vehicle? Jeep? Are there guides available? You said 2-3 days so are there motels nearby? Seems very interesting activity and completely agree with the thrill (fear!). What about sunderbans? have you been to any other reserves? finally are these areas safe (I mean from man attacks-thieves). Are there forest guest houses available? How much was the average total cost (including flight, stay, etc)? Appreciate you sharing such information
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
Do you go with family/kids? game drive? Do you drive through the forest in a personal vehicle? Jeep? Are there guides available? You said 2-3 days so are there motels nearby? Seems very interesting activity and completely agree with the thrill (fear!). What about sunderbans? have you been to any other reserves? finally are these areas safe (I mean from man attacks-thieves). Are there forest guest houses available? How much was the average total cost (including flight, stay, etc)? Appreciate you sharing such information
gimme_GC2006
07-31 06:15 PM
thank you..I hope everything goes well. Hopefully will get greened this time :)
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