NKR
01-31 10:03 AM
I just voted.
Thanks
Thanks
wallpaper Natalie Portman has been cast
Maverick1
11-09 04:12 PM
EAD & AP is luxury & aggressive. Keeping H1B active is being conservative and playing with probability and backup. It depends on your nature. Go for it!!
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a piece of mind.
Also for the first job change use AC21 and do H1B transfer also and see for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID. But later on you are on ur own.
Okay I like the reply.
Big investments like house is another point to consider. Right. It is not easy to sell off your house and leave in case AOS is rejected.
I know it goes without saying that it is individual's choice whether to keep H1 or EAD/AP. As I said I want to know what Keeping H1 brings to the table.
If you are planning on a big investment like buying a home or something like that. It is better to stay on H1B so you have a backup if something goes wrong with GC.
I have seen problems with cases using AC21 when they apply it asking for more details and also sometimes ur I-140 is revoked by your sponsoring employer and USCIS may trigger a NOID for you. Ofcoourse you can file MTR and prove that them that it is legitimate to change jobs using AC21, but if you have H1B also then you have a piece of mind.
Also for the first job change use AC21 and do H1B transfer also and see for 6 months so that USCIS is already aware that you ve changed company. You can address any RFE/NOID. But later on you are on ur own.
Okay I like the reply.
Big investments like house is another point to consider. Right. It is not easy to sell off your house and leave in case AOS is rejected.
I know it goes without saying that it is individual's choice whether to keep H1 or EAD/AP. As I said I want to know what Keeping H1 brings to the table.
sayonara
01-31 10:35 AM
no. 10 now..
2011 that Natalie Portman was
malaika
01-09 02:21 PM
I had my H1 visa appointment on December 27th in Chennai. They said that my visa was approved and that I would recieve my passport within one week. I have not recieved it yet. I called up the Consulate a few times last week and initially they were saying that 'it would take another 2-3 days'. Finally when I called up on Friday the 4th, they said that another 7 days was needed for the PIMS verification.
Still no news......I was supposed to fly out on the 6th to report to work on the 8th but had to postpone my ticket.
Anyone else in the same position please share!
Thanks
Still no news......I was supposed to fly out on the 6th to report to work on the 8th but had to postpone my ticket.
Anyone else in the same position please share!
Thanks
more...
nashim
04-21 10:06 AM
Shana04,
If previous employer revoked the H1B then you see the status as reopen.
If previous employer revoked the H1B then you see the status as reopen.
sammyb
03-13 12:11 PM
like the idea ... but are you going to do that :D :D
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
That is correct, 9 months and then I will return to my country for good.
I am waiting for the day when we get the GC , we will tear it into pieces and throw in front of consulate.
Cheers
more...
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.
2010 natalie portman 01 Natalie
vbkris77
03-10 06:37 PM
The stats you are refering to are total I485s. They include FB, Asylum etc. You are missing our China friends. They may have atleast 100K apps pending.
more...
gcbikari
06-18 11:08 AM
Where can I find medical insurance for my parents with reasonable coverage with reasonable premium. Their age is between 55 to 60. Obviously they are with some medical conditions like blood pressure, diabetic... like usual stuff like typical parents would have...Can somebody suggest good one... thanks in advance.
I have used AIG for my in-laws visit and didn't had to use it. Why can't we add them to our insurance as dependants? Did anyone tried this?
I have used AIG for my in-laws visit and didn't had to use it. Why can't we add them to our insurance as dependants? Did anyone tried this?
hair natalie portman thor Natalie
StuckInTheMuck
05-03 12:17 AM
If we had stayed back in india, we don't have have to do any of these.:rolleyes::confused: . After GC also no freedom. As one of my american co-worker was telling, In America only the statue of liberty has the freedom.
The mistaken notion "GC = freedom" seems so pervasive that I am also tempted to take a whack at this much maligned equation. Lot of anguish can be spared by keeping our expectation from this 3" X 2" plastic somewhat grounded in reality. There is no denying that having GC makes life easier than before, specifically by opening up more job/career opportunities. But these have nothing to do with the constitutional freedom that you presumably allude to with your Statue of Liberty analogy (I should say though, as a metaphor this quote of your colleague is pretty lame). Not only GC does not give us the right to vote, it cannot even protect us from deportation risk on relatively minor legal grounds (http://www.nytimes.com/2008/04/12/us/12naturalize.html?_r=1). It is perhaps wise to remind ourselves that GC is a privilege (http://www.wr.org/media/pdf/immigrationassistance/permanentresident.pdf), not a right.
Here is the other thing I do not get. What is so hard to do in the list that raises such heckles of hair loss, back-in-good-ole-days-life-was-better, and whatnot? It is all about doing little day-to-day things such as maintaining documents (that you would do anyway), or carrying PR card in your (already bloated) wallet, and other mostly mundane stuff. I do not find this such a tortuous existence, despite being a lazy bum myself.
The mistaken notion "GC = freedom" seems so pervasive that I am also tempted to take a whack at this much maligned equation. Lot of anguish can be spared by keeping our expectation from this 3" X 2" plastic somewhat grounded in reality. There is no denying that having GC makes life easier than before, specifically by opening up more job/career opportunities. But these have nothing to do with the constitutional freedom that you presumably allude to with your Statue of Liberty analogy (I should say though, as a metaphor this quote of your colleague is pretty lame). Not only GC does not give us the right to vote, it cannot even protect us from deportation risk on relatively minor legal grounds (http://www.nytimes.com/2008/04/12/us/12naturalize.html?_r=1). It is perhaps wise to remind ourselves that GC is a privilege (http://www.wr.org/media/pdf/immigrationassistance/permanentresident.pdf), not a right.
Here is the other thing I do not get. What is so hard to do in the list that raises such heckles of hair loss, back-in-good-ole-days-life-was-better, and whatnot? It is all about doing little day-to-day things such as maintaining documents (that you would do anyway), or carrying PR card in your (already bloated) wallet, and other mostly mundane stuff. I do not find this such a tortuous existence, despite being a lazy bum myself.
more...
Slowhand
07-19 01:50 PM
What IV has done is commendable and unprecedented. I also think that most of us here do not know anything about the expenses incurred by IV team or money collected by IV team. It would be a good idea to be transparent in that aspect so that members can have a better understanding of the functioning of the organization and contribute appropriately. Just a suggestion; what do you guys think?
hot thor. Alexander Skarsgard
eyeswe
03-17 05:22 AM
I thought EB2 vs EB3 is mainly determined by what your job requires.. You may have a Masters but if your JD does not require one, the company cannot file you on EB2.
more...
house Including Natalie Portman?
MeraNaamJoker
08-25 10:05 AM
Hi All,
I heard that after gettign GC and before Applying for Citizenship we should stay in US continously for 3.5 years how far is that true.
What is the exact rule? Can someone please guide me thru proper thread.
USCIS - A Guide to Naturalization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4df39ddf801b3210VgnVCM100000b92ca60aRCR D&vgnextchannel=4df39ddf801b3210VgnVCM100000b92ca60a RCRD)
Read page 18
I heard that after gettign GC and before Applying for Citizenship we should stay in US continously for 3.5 years how far is that true.
What is the exact rule? Can someone please guide me thru proper thread.
USCIS - A Guide to Naturalization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4df39ddf801b3210VgnVCM100000b92ca60aRCR D&vgnextchannel=4df39ddf801b3210VgnVCM100000b92ca60a RCRD)
Read page 18
tattoo chris hemsworth thor pic.
sparuthi
09-17 12:54 PM
I just watched the voting 10 against and 7 in favor.. was this for recapture?
more...
pictures Natalie Portman says Kat
bondgoli007
08-18 02:23 PM
With the attitude towards immigration in this country, i really doubt this bill will pass :(, i really hope it does though, i think the USICS is a strong believer of "sabar ka phal meeta hota hai", translated, the fruit of a long wait is sweet, i just hope the wait is not too long and the fruit rotten
Also, i am ready to help/organize/contribute for the community to make these bills pass....
Welcome to the forum Pavan....I understand your apprehensions on the bill and I too share some of the same apprehensions.
However, the congress returns in September and IV Core will update us on the situation. There is still no reason to believe that this is bill is completely dead, so keep checking IV site and when there is an update from Core, put in your effort AND get your friends involved too.
You can actually start getting your friends in similar situation involved right now. Get them registered and get them to read up on IV in general. The only way we can get any reform is by numbers. I hope you have already joined your state chapter and look forward to your continued presence and contribution to IV.
Rgards.
Also, i am ready to help/organize/contribute for the community to make these bills pass....
Welcome to the forum Pavan....I understand your apprehensions on the bill and I too share some of the same apprehensions.
However, the congress returns in September and IV Core will update us on the situation. There is still no reason to believe that this is bill is completely dead, so keep checking IV site and when there is an update from Core, put in your effort AND get your friends involved too.
You can actually start getting your friends in similar situation involved right now. Get them registered and get them to read up on IV in general. The only way we can get any reform is by numbers. I hope you have already joined your state chapter and look forward to your continued presence and contribution to IV.
Rgards.
dresses Natalie Portman has been
belmontboy
04-20 02:49 PM
so you are agreeing with all the bs which getgreensoon1 is saying
man you guys need to grow up
ignore :D
man you guys need to grow up
ignore :D
more...
makeup of Natalie Portman with
samnay
04-08 09:14 AM
Just contributed $100 and asked several of my friends to join.
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
Btw, I do not see anthing in the amendments to address labor backlog reduction problem? Is that not goal of IV any more?
girlfriend The Thor New Posters Released
indyanguy
06-12 05:17 PM
It�s really a sad state for us, first the lawyer�s then the BEC delayed the cases, then the july fiasco.
With a PD of 11/01 I am not sure porting to EB2 will be worth it specially with premium I-140 gone and the costs associated, ????? :(
I strongly think it's worth it
With a PD of 11/01 I am not sure porting to EB2 will be worth it specially with premium I-140 gone and the costs associated, ????? :(
I strongly think it's worth it
hairstyles Thor will battle has brother
whoever
01-31 12:48 PM
Rumor of the Day: Is the Regulation Eliminating Substitutions Imminent?
There is a rumor afoot that the final rule from DOL eliminating substitutions is imminent. Not quite---here�s the story. AILA Doc. No. 07013170.
It is at http://www.aila.org/RecentPosting/RecentPostingList.aspx
There is a rumor afoot that the final rule from DOL eliminating substitutions is imminent. Not quite---here�s the story. AILA Doc. No. 07013170.
It is at http://www.aila.org/RecentPosting/RecentPostingList.aspx
drona
07-12 01:54 PM
Just tried sending you a PM but it says you have exceeded your stored private messages quota and can not accept further messages until you clear some space. Perhaps you could activate the ability for members to send you an email?
chanduv23
07-18 10:56 AM
Signed. we need to have this thread as top priority