addsf345
11-12 02:07 PM
Found some interesting explanation about New interpretations on section 245(k). This has 180 days tolerance even if you continue work without legal status when in confusion, like the one you asked for.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
LINK: http://indiapost.com/article/immigration/3783/
"The Memo also contemplates the applicability of Section 245(k) with respect to a second adjustment of status application. For example, an alien filed Form I-485 while in H-1B status, the H-1B status expired and the H-1B status was not renewed because of the pending I-485 application and the EAD allowed the alien to remain in the US and continue working. Suppose this I-485 application is denied, and the alien finds that he or she is out status.
If the adjustment application was denied within 180 days of the expiration of the underlying H-1B status, it may be possible for this alien to file a new adjustment of status application under Section 245(k) claiming that the violation was for less than 180 days."
I don't know what happens to EAD when 485 is denied (some says it remains valid) but looks like you get 180 days to fight using an MTR.
Gurus, please disect this if what I understood is true?
found answer on Ron Gotcher's website: ONE CAN CONTUNUE WORKING ON EAD (http://immigration-information.com/forums/showpost.php?p=25197&postcount=3) according to this post.
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Milind123
09-16 02:27 AM
Just made a one time contribution of $100
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
Thank you very much for your contibution. I really appreciate your contribution.
Order Details - Sep 15, 2007 23:30 GMT-07:00
Google Order #412727833594707
Unfortunately I cannot be at DC, but Thank You all for the efforts.
Thank you very much for your contibution. I really appreciate your contribution.
kvrr
05-30 06:52 PM
I reside in Minnesota. My H1 expired in Dec 2006. Applied for 3 year H1 extension in Oct 2006 based on approved I-140. H1 extension approved on Feb 5, 2007. I received H4 extensions for my family. My H1 extension was lost in the mail. Contacted USCIS on phone a minimum 100 times and local senator's office. Local senator's office called the DMV and requested they extend my license temporarily for 3 months. Meanwhile I filed I-824 for duplicate copy and my lawyer filed I-907 for premium processing. Both were rejected. Last night I searched through google and sent mail to 4-5 mail addresses at CSC. Also called CSC for the last 2-3 days. Today I got a mail "Duplicate notice sent." I do not know whether it is a duplicate approved notice or instructions on how to reapply. Life is hell if document is lost in mail.
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ashutrip
06-21 11:36 AM
Checked with my lawyer. 20 cases pending since January. Atlanta..
My Labor was filed April 15th, 2007. EB2. 'In process'.
u mean 20 for the month of january?
My Labor was filed April 15th, 2007. EB2. 'In process'.
u mean 20 for the month of january?
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guy03062
03-15 03:15 PM
Its confusing whether EB measures will remain in Mr. Frist's bill or not, as following statement contradicts to that he will striped out only guest worker provision for illegal aliens:
Sen. Majority Leader Bill Frist plans to introduce a bill that deals solely with border security as early as today.....
Let's wait for the bill and hope EB proposals remained...
If majority leader Bill Frist bypass Judiciary committee and introduce enforcement alone bill, EB proposal will be there? It also reported that this bill have Senater Arnel Specter proposals and striped out guest worker provision for illegal aliens.
Does this means that Senater Arnel Specter's proposals on Employment base immigration remain in that bill?
If yes, We don't have to loose anything.
Please post, if some one have information
Sen. Majority Leader Bill Frist plans to introduce a bill that deals solely with border security as early as today.....
Let's wait for the bill and hope EB proposals remained...
If majority leader Bill Frist bypass Judiciary committee and introduce enforcement alone bill, EB proposal will be there? It also reported that this bill have Senater Arnel Specter proposals and striped out guest worker provision for illegal aliens.
Does this means that Senater Arnel Specter's proposals on Employment base immigration remain in that bill?
If yes, We don't have to loose anything.
Please post, if some one have information
ind_game
05-13 11:37 PM
Did you ever apply for EAD / AP?
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
I have EAD which expires on 07/30/2010. I have AP which expires on 10/29/2009
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chisinau
08-01 11:21 PM
What do you mean???
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ilikekilo
10-22 09:11 AM
I understand what you say but interpretation differs from IO to IO. It still goes to chances....
Hey, tx for the PM, I sent the email, do we need to send a letter too?>
Hey, tx for the PM, I sent the email, do we need to send a letter too?>
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pointlesswait
02-27 12:04 PM
i just hope it moves by 1-2 months...so at that rate..we can be certain that they know what they are doing.
somebody should sue USCIS for transperancy!
somebody should sue USCIS for transperancy!
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bkarnik
04-26 09:38 AM
bkam,
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah… like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON’T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
I PRECISLY UNDERSTAND THE DIFFERENCE BETWEEN SS, MEDICARE VERSUS TAXES.I was just mocking at the ridiculousness of your demands. Hey, if you think that the government agencies are treating legal immigrants badly and we are being "cheated and treated like retards", may be all of us should move to a country where the laws are more flexible, aah… like India. How often have you been on a forum in your home country lobbying for injustices being rendered to citizens, none probably. Just because we are in a country where there is a small chance for a group of people like ourselves in the IV have the privilege to have our voices heard does not mean we ask for the sun. Do you think in a economy like this with high gas prices, the war, and not to mention the ailing social security system and everything else asking the government to stop taking SS tax and Medicare from non- immigrant workers is going to fly, I DON’T THINK SO. And not only that we will end up looking like a bunch of guys with outrageous demands.
So all I am saying is the issue is not SS or Medicare or entry date being the PD, but it is MORE IMMIGRANT VISA NUMBERS. I think we have lost our focus after the bill was shot down in the senate. We have just ONE demand if I am not mistaken, and I think the core team will agree with me on this and that is to ease retrogression by having more visa numbers in the pool for countries like India and China and that should be our only demand.
Although on first reading I was agreeing with the person who indicated that deducting SS and Medicare from non-immigrants does not make sense, lets look at it from another perspective... most of us would agree that more than 50 to 60% of non-immigrants or dual intent immigrants (read H1 visas for the purpose of this thread) are trying to obtain their permanent residency. Now, if the SS and Medicare are not deducted while you are on a H1B (boy, the employers would love this because as per law they have to match your deduction dollar for dollar) and you get your green card, you would be essentially starting with an empty kitty (i.e. the benefits that you would have accrued over the 9-10 years that it took you to get your GC are zero. Now, whose loss is that? I think, the better alternative would be the proposal by Sen. Kyle/Sen. Cornyn where they advocate that a temporary worker who has to go back will get the money when he leaves. If you don't and get your GC done, then the money goes into the SS/Medicare kitty and that way nobody loses.:)
Khnmbd is correct, if we demand not paying SS and Medicare, we probably stand to alienate ourselves from the mainstream. The very reason we are asked to pay SS/Medicare is because the H1B/L1 visas are considered to be dual-intent visas. That is the reason why students on F1 visa are exempt from paying SS/Medicare. Hope this clarifies a few issues and results in cooling down the temperatures:D
more...
vjkypally
03-17 08:04 PM
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
Guys as it states both you and your spouse need to have an SSN not ITIN.
So if one has ssn other has ITIN you are not qualified.
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vsbalaji
07-14 09:43 PM
It's so easy if you have a bank that offers free bill pay.
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jonty_11
07-06 12:58 PM
I see lots of frustration here. July fillers, you will definitely feel good after hearing my story. At least you are not in my situation. Read this: I was eligible to file in June under June visa bulletin. My deshi blood s^#$* employer did not provide me the letter in time. I am in my 7th year of H1B and they refused to provide my I-140 approval copy. I have the receipt# only. Attorney will not give it to me either. Now what should I do. You guys at lest will be able to file may be in future. What about me! Please suggest anyone!! Now I can not go to a new employer also! See, you are in better position than mine.
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
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gc_maine2
08-10 12:39 PM
I hope it is this coming monday.:)
Which Monday are we going to get these receipts. About 3 Mondays have come and gone and a 4th one coming up :)
Which Monday are we going to get these receipts. About 3 Mondays have come and gone and a 4th one coming up :)
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pune_guy
03-17 09:14 PM
Guys,
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
The H1B holder is ELIGIBLE for the stimulus package since he/she has SSN. He won't be able to claim the benefit for spouse if the spouse does not have SSN.
So just because spouse does not have SSN does not mean that the H1B holder becomes ineligible to receive the benefit. H1B will get $600 for himself/herself as long as he/she has filed IT returns.
Thanks
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crazy_gc
07-21 06:45 AM
dont know about how many they are processing right now but in 2004 this is how many they were processing.
"The USCIS currently produces approximately 24,000 EADs per week."
https://www.visanow.com/IMMIGRATION_VISA_INFORMATION/visanownewsletter/2004/06/June2004Voice.html
"The USCIS currently produces approximately 24,000 EADs per week."
https://www.visanow.com/IMMIGRATION_VISA_INFORMATION/visanownewsletter/2004/06/June2004Voice.html
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whitecollarslave
07-11 08:33 AM
Pause and take a moment to rejoice. Then turn all eyes to processing dates.
TSC July 17 2007
NSC July 28 2007
TSC July 17 2007
NSC July 28 2007
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gc_chahiye
07-23 04:02 PM
this is a 2004 EB3 approval! This is the first one I am seeing from 2004. So looks like they have really cleaned the pipes here, and things should be better going forward.
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
The nicest thing of this whole fiasco is that they seem to have ignored country-limits and approved as many as possible. Last year they did only 9.8K EB Indians (teh final count was 17k, but that was due to ScheduleA). THis year (2007) if they have gotten 20-30K India applications out, the dates should move better in the future.
Eagerly awaiting 2 USCIS stats:
1. per-country per-category EB approvals in 2007
2. number of 485 applications received by August 17th
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thomachan72
06-04 01:13 PM
why not ? 140 and 485 can be filed at same time if dates become current.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
Thats exactly what I asked. How come your dates are current? Is your PD 2005? Just curious because if your LC was obtained recently, how could your PD be so early to become current? Now this is only a problem for countries like Indian and China. For the rest of the world everything is current I guess. Good for you anyway.
boom
05-19 08:21 PM
Congrates Ind_game,
You deserved it.Your continued and vigrous effort made the difference.
You deserved it.Your continued and vigrous effort made the difference.
ramus
07-06 12:20 PM
Thank you.. I am sure this thread is going to get more and more visits..
I have changed the thread title.
I have changed the thread title.
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