unitednations
02-22 02:12 PM
To all Experts/Gurus, please advice on this issue.
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
I hold a H-1B status as well as I-485 Adjustment of Status Pending.
I am the primary applicant in this Eb-2 petition PD July 2006. I am with the same employer for the past four years and they are the sponsor of the green card petition as well.
I have got admit to PhD in EECS at MIT (Top program in US) and would like to pursue that option.
1. Can i continue full time PhD on my I-485 pending visa status? The PhD will be a natural progression of my current research job with my employer.
2. Do i need to change to a F-1 Visa? From what i understand, I think one cannot change from I-485 to F-1.
3. From what i understand, i can keep my I-485 pending status while doing full time study provided i have an offer from my current employer/other employer willing to hire me upon approval of the I-485. Is this correct?
4. Regarding the procedure to do this, do i need to get an offer in writing from my current employer/future employer before i start the full time study? Or do i need to get this written offer from the employer if and when i receive an RFE from USCIS?
5. Do i need to proactively invoke AC21 for doing this and let USCIS know?
6. How long do i need to stay with the employer once my I-485 is approved? I hear 6 months as a good period.
7. If the I-485 gets approved in the middle of a semester, how soon do i need to start working for the employer?
8. Any other creative ideas to sail through this like keep engagement with current employer say by consulting few hours a week etc.?
9. Do i have any realistic chance of I-485 approval before September 2009? From the recent infopass, i was told that name check, FP check, background check are done but my FP have expired. I was told that i will receive a FP notice but i don't know when.
These might have already been discussed in previous threads, but i would appreciate response from experts/gurus.
Thanks.
You can't change from 485 status to F-1 within the country. You can only change from non immigrant to another non immigrant visa within the country.
If you wanted to get on F-1; you would have to go for visa stamping and re-enter on F-1. However, consulate probably wouldn't give you F-1 since you have shown immigrant intent. Even if they somehow gave it to you; then uscis would deny your 485 eventually by entering on F-1 visa.
You can go full time to school while 485 is pending. You just have to be able to demonstrate that you have a permanent full time job waiting for you upon greencard approval (ie., AC21).
There was a legal case from a long time ago; where a person was getting sponsored for a particular position and he went to school full time for a totally irrelevant occupation to what he was getting sponsored for (he went to school to be a dentist). USCIS denied his case saying that they didn't believe his intent to go into the job since he was being trained/educated in a totally different field.
Long story short; was that it went to court and the candidate won...
If you want to put up with the inevitable hassles from uscis that you may get over doing this then go ahead. At the end you should prevail but USCIS likes for you to go through a bumpy road
wallpaper reflects a sky of lue.
crazylad
05-10 08:17 AM
My H1 sponsor informed me that the check he submitted along with my application on was encashed on Wednesday 5/7 - Non-masters non-premium processing:)
yabadaba
08-21 03:29 PM
sunny how much money have you saved up? whats your networth?
2011 clear lue sky and he made
harsh
11-20 04:03 PM
Alabaman, techy2468 and other bama residents, as suggested by admin, I think it is a good idea to exchange each others contact info. I am willing to keep a list of all members from alabama so that in the event we need to contact members, it will be easier. I will send you guys a PM with my contact info. So please forward your contact info to me.
Thanks
Thanks
more...
maddipati1
08-20 03:58 PM
i traveled to India and went for stamping when my PP was expiring within couple of months and got VISA stamped successfully and traveled back safely.
the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.
but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.
in your case i guess its just travel and no stamping involved and so u r in much better shape.
but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.
EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
coz, i found out couple of things after wards :-)
in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.
but, in India u can get new PP very fast under Tatkal scheme. do this,
be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.
finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.
the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.
but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.
in your case i guess its just travel and no stamping involved and so u r in much better shape.
but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.
EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
coz, i found out couple of things after wards :-)
in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.
but, in India u can get new PP very fast under Tatkal scheme. do this,
be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.
finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.
njdude26
07-12 01:39 PM
My case was closed in Error at the PBEC. My attorney had sent a letter saying this some months ago. Today my attorney informed me that there is some new procedure of re-opening cases that was closed in error using which he says he sent the information by email today.
Just thought will give you guys the info.
Just thought will give you guys the info.
more...
malibuguy007
10-02 05:51 PM
Just joined SC chapter on Yahoo Groups
2010 Gibsons Solitudes Blue Sky
kiranraheja
08-12 03:51 PM
Hi Billu/anyone,
Did anyone try this Dish Network iptv service? Its expensive and has a contract attached so wanted to know if I should go ahead with it.
Thanks.
Did anyone try this Dish Network iptv service? Its expensive and has a contract attached so wanted to know if I should go ahead with it.
Thanks.
more...
fromnaija
07-21 03:45 AM
If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
hair Sailing Leaves Under Blue Sky
anilvt
07-16 09:16 PM
Hello All,
I have a question....
The current processing date for Texas Service centre is July 17, 2007
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 17, 2007
My receipt Date is July2nd2007 and current for EB2 PD March2007
I had inccorrect fee issue but it got resolved and later got EAD/AP
My case status show's wierd incorrect fees yet
When can i raise a Service Request? August 19th
RD + 30days
I spoke with REP or IO( don't know dialled 1-800 16621 #SRC...#1 #3 #4
She said your case looks fine
I said " what next" she said your case would be assigned to an IO
what do you guys think?
Thanks for help
I have a question....
The current processing date for Texas Service centre is July 17, 2007
I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 17, 2007
My receipt Date is July2nd2007 and current for EB2 PD March2007
I had inccorrect fee issue but it got resolved and later got EAD/AP
My case status show's wierd incorrect fees yet
When can i raise a Service Request? August 19th
RD + 30days
I spoke with REP or IO( don't know dialled 1-800 16621 #SRC...#1 #3 #4
She said your case looks fine
I said " what next" she said your case would be assigned to an IO
what do you guys think?
Thanks for help
more...
sanjay
09-18 11:37 AM
AILA Leadership Has Just Posted the Following:
H.R. 3200: Sec 246 — NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.
Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.
H.R. 3200: Sec 246 — NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.
Agreed. But, that is only until CIR is not passed. Once CIR is approved ( IF ) next year, then all the undocumented people will come under the shield and will enjoy all the health benefit government is going to offer at the expense of Tax payers money.
hot Sky Blue Sky
rghrdr777
08-15 08:57 PM
485 RD - 06/25/2007 (Filed at NSC)
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
more...
house white cloud, lue sky in
syedajmal
10-25 01:04 PM
From the above posts you can defintely use the priority date once I-140 is approved and move on.
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
My Question is can you start a new application under PERM with the same company, use the experience gained in the current company to apply under EB2, and use the locked priority date.
Hope I make sense. I have been with my current company for more than 5 years and used the EB3 category and have no intention of leaving etc, but if I were to reapply and use the old priority dates, my dates would be current.
Thanks in advance for your comments.:)
tattoo Deep lue sky
Pineapple
12-26 01:05 PM
Given that many have spent 10 years, or almost a third of their lives here, they can hardly be called "aliens". Also, given that nothing is permanent, I propose the following term:
Non-permanent, resident, non-alien :D
Non-permanent, resident, non-alien :D
more...
pictures BLUE SKY- WHITE CLOUDS
sunny1000
11-19 06:23 PM
Thanks everyone for replying. My I797 shows all the correct dates (ND and RD). Infact, the date online matches the notice date. So, I guess it is ok.
dresses Blue Sky Beach Theme
krishna_brc
05-05 08:54 AM
Yes, we don't need original I-485 receipt notice to travel.
I traveled without original I-485.
see below for USCIS note on this
----
[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Rules and Regulations]
[Page 61791-61793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-1]
Rules and Regulations
Federal Register
__________________________________________________ ____________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 245
[CIS No. 2420-07; Docket No. USCIS-2007-0047]
RIN 1615-AB62
Removal of Receipt Requirement for Certain H and L Adjustment
Applicants Returning From a Trip Outside the United States
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
SUMMARY: This rule removes the requirement that certain H and L
nonimmigrants returning to the United States following a trip abroad
must present a receipt notice for their adjustment of status
applications to avoid having such applications deemed abandoned. The
purpose of this narrow change is to remove an unnecessary documentation
requirement from the regulations that the Department of Homeland
Security has determined causes an undue burden on H and L
nonimmigrants.
DATES: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
Management Division, Domestic Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
SUPPLEMENTARY INFORMATION:
I. Background
Travel outside the United States for an alien who has filed Form I-
485, ``Application to Register Permanent Residence or Adjust Status,''
to obtain lawful permanent resident status under section 245 of the
Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
affect that application unless the alien takes certain steps before the
trip. Most applicants must obtain permission from U.S. Citizenship and
Immigration Services (USCIS) to travel prior to the trip, a process
referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
these applicants, departing the United States without advance parole
while their adjustment of status applications are pending results in
automatic abandonment of the applications and constitutes grounds for
denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).
III. Rulemaking Requirements
DHS finds that this rule relates to internal agency management,
procedure, and practice and therefore is exempt from the public comment
requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
553(b)(A). This rule does not alter substantive criteria by which USCIS
will approve or deny applications or determine eligibility for any
immigration benefit. Instead, this rule relieves a document
presentation requirement for certain applicants for immigration
benefits. Specifically, this rule removes the requirement that H-1/H-4
and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
adjustment of status applications upon readmission to the United States
after a trip abroad in order to avoid having their applications
abandoned. This document presentation requirement is unnecessary since
it concerns information that is already available to DHS. This final
rule merely eliminates an unnecessary burden on these arriving aliens
and streamlines agency management of its processes. As a result, DHS is
not required to provide the public with an opportunity to submit
comments on the subject matter of this rule.
Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
to make the rule effective upon publication in the Federal Register
without prior notice and public comment on the grounds that delaying
implementation of this rule to allow for public comment would be
impracticable and contrary to the public interest. As a result of
USCIS's July 17, 2007, announcement that it would accept employment-
based Forms I-485 filed by aliens whose priority dates are current
under Department of State Visa Bulletin No. 107, USCIS received an
unprecedented volume of employment-based applications for adjustment of
status, including those filed by H and L nonimmigrants. Because of the
recent surge in such filings, it will take several weeks for USCIS to
enter the necessary data and issue Form I-797 receipt notices for
employment-based adjustment of status applications. Therefore, it is
important for this rule to take effect as soon as possible to avoid
undue hardship on applicants who may need travel outside the United
States prior to receiving the receipt notice.
In addition, no substantive rights or obligations of the affected
public are changed by this rule. DHS believes the public will welcome
this change. The public needs no time to conform its conduct so as to
avoid violation of these regulations because the rule relieves a
requirement of the existing regulations. Further, this rule will have
no adverse impact on DHS' adjudicatory responsibilities or ability to
track the foreign travel of affected persons since DHS already records
the admission of all nonimigrants. For these reasons, this rule is
effective immediately under 5 U.S.C. 553(d)(1) and (3).
This rule relates to internal agency management, and, therefore, is
exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
13132, 13175, 13211, and 13272. This rule is not considered by DHS to
be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. Therefore, it has not
been reviewed by the Office of Management and Budget. Further, this
action is not a proposed rule requiring an initial or final regulatory
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. In addition, this rule is not subject to the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
or the E-Government Act of 2002, 44 U.S.C. 3501, note.
Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
13, all Departments are required to submit to the Office of Management
and Budget (OMB), for review and approval, any reporting requirements
inherent in a rule. This rule does not affect any information
collections, reporting or recordkeeping requirements under the
Paperwork Reduction Act.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
Regulations is amended as follows:
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
1. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
follows:
Sec. 245.2 Application.
(a) * * *
(4) * * *
(ii) * * *
(C) The travel outside of the United States by an applicant for
adjustment of status who is not under exclusion, deportation, or
removal proceeding and who is in lawful H-1 or L-1 status shall not be
deemed an abandonment of the application if, upon returning to this
country, the alien remains eligible for H or L status, is coming to
resume employment with the same employer for whom he or she had
previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
is in possession of a valid H or L visa (if required). The travel
outside of the United States by an applicant for adjustment of status
who is not under exclusion, deportation, or removal proceeding and who
is in lawful H-4 or L-2 status shall not be deemed an abandonment of
the application if the spouse or parent of such alien through whom the
H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
alien remains otherwise eligible for H-4 or L-2 status, and, the alien
is in possession of a valid H-4 or L-2 visa (if required). The travel
outside of the United States by an applicant for adjustment of status,
who is not under exclusion, deportation, or removal proceeding and who
is in lawful K-3 or K-4 status shall not be deemed an abandonment of
the application if, upon returning to this country, the alien is in
possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
K-4 status.
Dated: October 15, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7-21506 Filed 10-31-07; 8:45 am]
BILLING CODE 4410-10-P
I traveled without original I-485.
see below for USCIS note on this
----
[Federal Register: November 1, 2007 (Volume 72, Number 211)]
[Rules and Regulations]
[Page 61791-61793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no07-1]
Rules and Regulations
Federal Register
__________________________________________________ ____________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 245
[CIS No. 2420-07; Docket No. USCIS-2007-0047]
RIN 1615-AB62
Removal of Receipt Requirement for Certain H and L Adjustment
Applicants Returning From a Trip Outside the United States
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
SUMMARY: This rule removes the requirement that certain H and L
nonimmigrants returning to the United States following a trip abroad
must present a receipt notice for their adjustment of status
applications to avoid having such applications deemed abandoned. The
purpose of this narrow change is to remove an unnecessary documentation
requirement from the regulations that the Department of Homeland
Security has determined causes an undue burden on H and L
nonimmigrants.
DATES: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
Management Division, Domestic Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
SUPPLEMENTARY INFORMATION:
I. Background
Travel outside the United States for an alien who has filed Form I-
485, ``Application to Register Permanent Residence or Adjust Status,''
to obtain lawful permanent resident status under section 245 of the
Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
affect that application unless the alien takes certain steps before the
trip. Most applicants must obtain permission from U.S. Citizenship and
Immigration Services (USCIS) to travel prior to the trip, a process
referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
these applicants, departing the United States without advance parole
while their adjustment of status applications are pending results in
automatic abandonment of the applications and constitutes grounds for
denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).
III. Rulemaking Requirements
DHS finds that this rule relates to internal agency management,
procedure, and practice and therefore is exempt from the public comment
requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
553(b)(A). This rule does not alter substantive criteria by which USCIS
will approve or deny applications or determine eligibility for any
immigration benefit. Instead, this rule relieves a document
presentation requirement for certain applicants for immigration
benefits. Specifically, this rule removes the requirement that H-1/H-4
and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
adjustment of status applications upon readmission to the United States
after a trip abroad in order to avoid having their applications
abandoned. This document presentation requirement is unnecessary since
it concerns information that is already available to DHS. This final
rule merely eliminates an unnecessary burden on these arriving aliens
and streamlines agency management of its processes. As a result, DHS is
not required to provide the public with an opportunity to submit
comments on the subject matter of this rule.
Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
to make the rule effective upon publication in the Federal Register
without prior notice and public comment on the grounds that delaying
implementation of this rule to allow for public comment would be
impracticable and contrary to the public interest. As a result of
USCIS's July 17, 2007, announcement that it would accept employment-
based Forms I-485 filed by aliens whose priority dates are current
under Department of State Visa Bulletin No. 107, USCIS received an
unprecedented volume of employment-based applications for adjustment of
status, including those filed by H and L nonimmigrants. Because of the
recent surge in such filings, it will take several weeks for USCIS to
enter the necessary data and issue Form I-797 receipt notices for
employment-based adjustment of status applications. Therefore, it is
important for this rule to take effect as soon as possible to avoid
undue hardship on applicants who may need travel outside the United
States prior to receiving the receipt notice.
In addition, no substantive rights or obligations of the affected
public are changed by this rule. DHS believes the public will welcome
this change. The public needs no time to conform its conduct so as to
avoid violation of these regulations because the rule relieves a
requirement of the existing regulations. Further, this rule will have
no adverse impact on DHS' adjudicatory responsibilities or ability to
track the foreign travel of affected persons since DHS already records
the admission of all nonimigrants. For these reasons, this rule is
effective immediately under 5 U.S.C. 553(d)(1) and (3).
This rule relates to internal agency management, and, therefore, is
exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
13132, 13175, 13211, and 13272. This rule is not considered by DHS to
be a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. Therefore, it has not
been reviewed by the Office of Management and Budget. Further, this
action is not a proposed rule requiring an initial or final regulatory
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
et seq. In addition, this rule is not subject to the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
or the E-Government Act of 2002, 44 U.S.C. 3501, note.
Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
13, all Departments are required to submit to the Office of Management
and Budget (OMB), for review and approval, any reporting requirements
inherent in a rule. This rule does not affect any information
collections, reporting or recordkeeping requirements under the
Paperwork Reduction Act.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
Regulations is amended as follows:
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
1. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as
follows:
Sec. 245.2 Application.
(a) * * *
(4) * * *
(ii) * * *
(C) The travel outside of the United States by an applicant for
adjustment of status who is not under exclusion, deportation, or
removal proceeding and who is in lawful H-1 or L-1 status shall not be
deemed an abandonment of the application if, upon returning to this
country, the alien remains eligible for H or L status, is coming to
resume employment with the same employer for whom he or she had
previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
is in possession of a valid H or L visa (if required). The travel
outside of the United States by an applicant for adjustment of status
who is not under exclusion, deportation, or removal proceeding and who
is in lawful H-4 or L-2 status shall not be deemed an abandonment of
the application if the spouse or parent of such alien through whom the
H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
alien remains otherwise eligible for H-4 or L-2 status, and, the alien
is in possession of a valid H-4 or L-2 visa (if required). The travel
outside of the United States by an applicant for adjustment of status,
who is not under exclusion, deportation, or removal proceeding and who
is in lawful K-3 or K-4 status shall not be deemed an abandonment of
the application if, upon returning to this country, the alien is in
possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
K-4 status.
Dated: October 15, 2007.
Michael Chertoff,
Secretary.
[FR Doc. E7-21506 Filed 10-31-07; 8:45 am]
BILLING CODE 4410-10-P
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makeup the lue, lue sky #1
nousername
04-29 09:55 PM
Dude, not sure what your question is.. Earlier you said your transfer is already in process so why this question?
Anyway, if I understand your question correctly then here is the answer:
1. Look for a new job
2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).
As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.
Thanks you very much for your reply.
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
Anyway, if I understand your question correctly then here is the answer:
1. Look for a new job
2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).
As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.
Thanks you very much for your reply.
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
girlfriend lue sky and green grass for
frankiesaysrelax
01-19 03:50 PM
I sent out my letter to the prez (and the IV copy) last week. The ones who are lurking here right now without having done that yet: you have no excuse. At a minimum, it will cost you first class postage, a print out of the contents, a sign at the bottom and a trip to the mailbox. If you feel lazy about it, shame on you. If you think it will not make a difference, think again. Not only you are wrong, you have no idea by how much. If you open your mind a bit and send me a PM, I will send you personal anecdotes on how it made a difference for individuals and that too when it was not even part of a concerted effort like this.
hairstyles the lue, lue sky #2
hopelessGC
05-04 02:18 PM
AR11 is legal requirement. And that is the first step.
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
Ok, so basically I need to call customer service and have them update address for all pending cases?
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
Ok, so basically I need to call customer service and have them update address for all pending cases?
gc_maine2
05-12 02:01 PM
Hi workvisaforall,
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
I am applying for renewal (paper based) for EAD and AP for both myself and mywife. IS it best to send all the documents ( EAD, AP and related docs) for both of us) in one single packet to USCIS or its best to send each appliction separately? any inputs will be appreciated.
Thanks
sree
QUOTE=workvisasforall;241596]apahilaj-
Please see responses below in color.
Good luck![/QUOTE]
whiteStallion
06-16 06:48 PM
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
I140 + 6 months = Change your employer, file new PERM & then new I140 but you get to keep your old PD from old PERM. Is it not the case ?
Once your I-140 is approved, then you lock the PD from that moment itself.
I140 + 6 months = Change your employer, file new PERM & then new I140 but you get to keep your old PD from old PERM. Is it not the case ?
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