karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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Euclid
02-11 06:24 PM
Hi Prashanthi,
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
rajenk
08-21 12:55 AM
Ok,
Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.
Thanks
Raj
Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.
Thanks
Raj
2011 2012 civic sedan si.
jazzy2
05-25 08:50 AM
Hi
directly spoke with the staff of Sen. larry craig....
directly spoke with the staff of Sen. larry craig....
more...
Desertfox
04-28 12:59 PM
Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?
You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.
You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.
You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.
You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.
skdskd
08-31 11:21 AM
http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
more...
gc_kaavaali
11-14 04:13 PM
do you know my employer user name?
Your employer gave you a red mark.
Your employer gave you a red mark.
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whitecollarslave
02-06 05:27 PM
I don't think an employer can force you to repay the green card costs if you leave them as soon as you get it. That is illegal and against the law to make a foreign national pay for the costs of green card sponsorship!
I know its against the law to make the employee pay for H1-B application fees (not attorney fees). I have not heard about any law that prohibits employers from making the employees pay for green card costs. Can you provide information on where you go this information and/or point to some credible source which we can use as a reference in case we need to?
I know its against the law to make the employee pay for H1-B application fees (not attorney fees). I have not heard about any law that prohibits employers from making the employees pay for green card costs. Can you provide information on where you go this information and/or point to some credible source which we can use as a reference in case we need to?
more...
chanduv23
08-09 01:07 PM
^^^^^^^^^^^^^^
hair 2008 Honda Civic Si Irvine, CA
illusions
02-13 05:16 PM
All future GC holders click here
No Immigrant, No Cry
Click here to send a private message for Bush -- FREE!
No Immigrant, No Cry
Click here to send a private message for Bush -- FREE!
more...
apb
08-17 10:03 PM
See all of you in rally !.
And you will there with your friend...//wink.. correct.
And you will there with your friend...//wink.. correct.
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lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
more...
house Re: FS: 2007 Honda Civic Si
dudu
05-09 03:02 PM
Just some throught?
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
tattoo Mugen Si owner to test the
GCBy3000
07-25 05:25 PM
I got promoted to managerial position and I got depromoted back during my H1 extn time when the company attorney noticed the change in my title. He politiely conferenced me and HR and said it is not acceptable as my GC is pending unless otherwise my company is willing to put me back in the LC position during my AOS filing. My duties change d as my title change, but I was still doing 50% of what was explained in the LC. Again there was no other pun intended reason for my demotion to make it clear. Each attorney is different, but it scews the candidates since the company HR listens to them as they are liable for it.
Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.
Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.
more...
pictures 2008 Honda Civic $12995,
jthomas
07-05 01:50 PM
Which part of CA are you in? Is it scary to live there. Do you really need a gun?
I live in Southern california(also lived in LA/Orange/San diego area) and i guess you are not in Southern california.
J Thomas
I live in Southern california(also lived in LA/Orange/San diego area) and i guess you are not in Southern california.
J Thomas
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roseball
02-07 12:57 AM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......
more...
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Refugee_New
07-30 11:13 AM
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
girlfriend Honda Civic Si Sedan Mugen
a1b2c3
12-19 02:28 PM
Practice what you preach.
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
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nozerd
01-17 09:35 AM
Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
Texascitypaul
02-23 06:15 PM
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.
Thank you for your time it is very much appreciated,
Paul
fromnaija
04-20 05:28 PM
IF you move to a different city that is not within the same Metroplolitan Area, yes you will have to restart your GC process. The good news however is that you can retain the priority date if your old I-140 is approved.
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