looking4d
06-25 02:11 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
After you file 485 you are in AOS so you can file for AP and use that to get back into US. Once in AOS it doesn't matter if your H1B expired or I94 is expired as you will be in status. However to work you will need EAD.
To enter reenter US you should have a H1B visa stamp which is valid or have an AP. If you use your AP you will have to use EAD to continue working. Another option is to get a new H1B stamp based on your current H1B petition which is valid till april 2008.
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
After you file 485 you are in AOS so you can file for AP and use that to get back into US. Once in AOS it doesn't matter if your H1B expired or I94 is expired as you will be in status. However to work you will need EAD.
To enter reenter US you should have a H1B visa stamp which is valid or have an AP. If you use your AP you will have to use EAD to continue working. Another option is to get a new H1B stamp based on your current H1B petition which is valid till april 2008.
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waitnwatch
05-06 01:49 PM
It is true that the community colleges(A) and Arizona board of regents(B) set the guidelines but they have to follow Arizona Statutes which state that people with lawful immigration status are entitled to instate tuition. Therefore if (A) and (B) are not on the same page one could raise questions.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
Dhundhun
07-09 06:57 PM
Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
With citizens of India, it is full penson benefits, what ever it is (earned based on contributions). You don't get medicare type of thing.
For citizens of countries like Canada, it is limited by windfall limits. People who worked in both US and Canada become elligible for too much retirement benefits and it is curtailed by limits.
So in nutshell, any treaty may worsen benefits of 10 or 10+ Social Security Contributers.
Refer to http://www.ssa.gov/pubs/10137.html
1. I am a US Citizen living in India?
2. If I am a GC holder living in India?
3. I am neither a US citizen nor a GC holder living in India?
Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
With citizens of India, it is full penson benefits, what ever it is (earned based on contributions). You don't get medicare type of thing.
For citizens of countries like Canada, it is limited by windfall limits. People who worked in both US and Canada become elligible for too much retirement benefits and it is curtailed by limits.
So in nutshell, any treaty may worsen benefits of 10 or 10+ Social Security Contributers.
Refer to http://www.ssa.gov/pubs/10137.html
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Sushiden
September 17th, 2004, 07:44 PM
All EF work!
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amitjoey
07-18 04:54 PM
Amitjoey,
Don't you think it's a good idea to post:
Total Contributions Received:
Total Expenses:
Balance:
Efforts Undertaken:
On a weekly or monthly basis by the IV Core?
I think that would motivate fellow members to contribute more (or less in some cases).
Gumnam
Please see this video: http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0
Don't you think it's a good idea to post:
Total Contributions Received:
Total Expenses:
Balance:
Efforts Undertaken:
On a weekly or monthly basis by the IV Core?
I think that would motivate fellow members to contribute more (or less in some cases).
Gumnam
Please see this video: http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0
learning01
04-13 04:50 PM
Each of us have a decent and true story. It has been a struggle here in US for all of us.
I spent a life's fortune and emigrated to Canada with wife and 2 grown up kids. In early 1999, a large multinational from Netherlands (think of TVs, bulbs and fans) lured me and others into coming to US on H1. They promised they will apply for permanent residency in 6 months. The company couldn't survive the consultancy business and folded operations by end 2000 and my application evaporated into the air.
Post 9/11, and at the height of tech and internet bubble, I was laid off by that company in their operations closing in late 2001. I also lost my Canadian permanent residency (because I stayed away from that country form more that 180 days). I was lucky enough to get a decent job in late 2001. This large global company is a gem of its own; they also promised they will apply GC in 3 months. Thus my PD is EB3 Nov 2001.
I am always for writing one's experiences so that others know how to avoid them, if they are smart enough. That's all I have got.
Hi Learning01,
I did not want to "steal" your idea about publicity of the problem back in our countries. I just developed and enhanced the idea :-)
And I do not think we should be ashamed of the fact that this great country screwed us and made more than half a million highly educated and trained people (spouses included) chasing for a decade a mirage called GC and looking like idiots.
....
:-)
I spent a life's fortune and emigrated to Canada with wife and 2 grown up kids. In early 1999, a large multinational from Netherlands (think of TVs, bulbs and fans) lured me and others into coming to US on H1. They promised they will apply for permanent residency in 6 months. The company couldn't survive the consultancy business and folded operations by end 2000 and my application evaporated into the air.
Post 9/11, and at the height of tech and internet bubble, I was laid off by that company in their operations closing in late 2001. I also lost my Canadian permanent residency (because I stayed away from that country form more that 180 days). I was lucky enough to get a decent job in late 2001. This large global company is a gem of its own; they also promised they will apply GC in 3 months. Thus my PD is EB3 Nov 2001.
I am always for writing one's experiences so that others know how to avoid them, if they are smart enough. That's all I have got.
Hi Learning01,
I did not want to "steal" your idea about publicity of the problem back in our countries. I just developed and enhanced the idea :-)
And I do not think we should be ashamed of the fact that this great country screwed us and made more than half a million highly educated and trained people (spouses included) chasing for a decade a mirage called GC and looking like idiots.
....
:-)
more...
alp_waj
11-07 04:36 PM
Thanks guyz !!
I did spoke with Sheila Murthy Lawyers on chances of maintaining GC processing and Consular processing.
My firm is OK with my long Leave of Absence...Only thing that threw spanner in the wheel was comment from Sheila Murthy firm's advise.
Per them, to renew AP and EAD, I need to be phsically back in states and also stay in States for the duration of approval i.e. if it takes 3 months for renewal of AP and EAD, then I need to be in States for that duration.
I asked them what if I can apply 5months in advance, from Outside US and someone can fedex it to me. Max I can come back for few days.
.. Per them this will not work...
What do you guyz say ?
Many thanks !
I did spoke with Sheila Murthy Lawyers on chances of maintaining GC processing and Consular processing.
My firm is OK with my long Leave of Absence...Only thing that threw spanner in the wheel was comment from Sheila Murthy firm's advise.
Per them, to renew AP and EAD, I need to be phsically back in states and also stay in States for the duration of approval i.e. if it takes 3 months for renewal of AP and EAD, then I need to be in States for that duration.
I asked them what if I can apply 5months in advance, from Outside US and someone can fedex it to me. Max I can come back for few days.
.. Per them this will not work...
What do you guyz say ?
Many thanks !
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smsthss
11-19 01:30 PM
EB3 or EB2??
EB3
EB3
more...
furiouspride
08-08 12:06 AM
@kkn006,
Dude, you need to pick one of the two: Immigration or Career. Given the current immigration climate, you can't have both of them. I'm sure you might have thought about this when you switched to the Fortune 500 company and knew what you were getting into. If you feel you have a chance at the EB2 by switching back to the previous employer, I think you should do it. Once you get your residency, you will have plenty of opportunities to work for even Fortune 100 companies. For now, just take the plunge and get ready for your dates to become current.
Dude, you need to pick one of the two: Immigration or Career. Given the current immigration climate, you can't have both of them. I'm sure you might have thought about this when you switched to the Fortune 500 company and knew what you were getting into. If you feel you have a chance at the EB2 by switching back to the previous employer, I think you should do it. Once you get your residency, you will have plenty of opportunities to work for even Fortune 100 companies. For now, just take the plunge and get ready for your dates to become current.
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snathan
05-22 03:20 PM
Don't worry so much.... just get someone who you love and marry that person :) sometimes your situation can get better than now .. it happened with me too .. and also you can have someone who can share ur feeling with :cool:
We need to check with your spouse whether she/he feels the same...just kidding :D:D
We need to check with your spouse whether she/he feels the same...just kidding :D:D
more...
cherryred50
04-10 11:56 AM
Hi Zcool
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
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GC08
08-26 11:04 AM
Have to agree that it appears to be the case. Look at I140... there is a 4 month difference between the 2 centers. How could that happen?! How come they did not balance the workload to ensure work is done in an orderly way? Probably it is pure mismanagement and incompetence???
more...
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meridiani.planum
04-03 06:44 PM
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
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cygent
07-25 06:07 PM
Updated the list in the previous page Guys, if you want to take a look for those who care.
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year, sometime in October, by the rays & grace of God. I must say, I have never felt this way before.
BTW There are also so many EAD/AP pending from 07/2007 as well, wonder why we are hearing grief over that?
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year, sometime in October, by the rays & grace of God. I must say, I have never felt this way before.
BTW There are also so many EAD/AP pending from 07/2007 as well, wonder why we are hearing grief over that?
more...
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abandookwala63
03-16 05:28 PM
Very informative and close to our situation. Thank you for sharing.
very informative articles. Mr. Ron keep it up.
very informative articles. Mr. Ron keep it up.
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immitul
10-02 10:14 AM
We are doing the same...of keeping some amount aside for unexpected events, and then invest further on house or some thing else.
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Canadian_Dream
10-19 03:10 PM
Ok my last attempt to convey my thoughts:
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
If your H1B is approved and you are granted an extension it only means that your application was approvalble at the time of filling. Now in order to maintain H1B status you should have:
1. Job with that employer who sponsored H1B
2. Income as dictated in LCA
3. Other condition such as NO DUI etc
Now what if one of the condition in the list above is:
4. Your I-140 on which the extension is granted should NOT be revoked.
I know this is not spelled out clearly, becasue in the past no one took this avenue. Now with premium processing everyone wants to do a quick PERM + 140 to get 3 more years on H1B. It is important that USCIS should clarify their stand on it, one way or the other. In fact if any of the service center sets a precedence by simply implying that one's H1B is invald after I-140 is revoked the interpretation will be cleared. Unfortunately it hasn't happend yet or I we are not aware of it. I hope they clarify it sooner than later.
That's why you have to be quick...Before your earlier employer revokes the petition...(that takes some time..) you got to get a new labor and a new approved I-140 and after that they cannot throw us out technically...
The whole thing is a mess..
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GC_SUCK
03-07 11:35 AM
Well, my lawyer is shit. You don't need to know his name.
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PavanV
02-08 12:23 PM
Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
sen
03-29 04:51 PM
I am from Canton, MI and i'd like to get involved in this. Please let me know, if anybody is planning to meet the Senators or House members, so that we can get organized and present our case. I can also pull in couple of my friends who will be interested in this initiative.
redgreen
01-08 11:35 AM
Horrible part is these criminals get away with all the money! those nasty politicians also get a portion of it. the only way is just to exterminate such people when the 'law' can not/won't do anything!
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