cps060
03-19 06:13 PM
Thanks for the information.
Does this mean that if my spouse wants to start school in Sept 2007, it is fine to keep working till August 2007, file I539 change of status to H4 then and then resign from the company once one gets that receipt notice. With the receipt notice itself its good to be in status and can go to school then. The actual approval may come in 3-4 months and that should not be a consideration for the school.
Please tell me your views/experiences.
H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....
If you are paying out of your pocket, you can go to college on H4..
Student loans are not available on H4...No financial aid of any kind would be available on H4...
Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
as long as you can pay....
I know all this because I did the research when my wife started her college..Should finish this may..
Does this mean that if my spouse wants to start school in Sept 2007, it is fine to keep working till August 2007, file I539 change of status to H4 then and then resign from the company once one gets that receipt notice. With the receipt notice itself its good to be in status and can go to school then. The actual approval may come in 3-4 months and that should not be a consideration for the school.
Please tell me your views/experiences.
H1 is a non immigrant but dual intent visa.. It is assumed that you might try to immigrate...When your spouse filed I-140 , the immigration intent came forth.. Now USCIS already knows that your spouse wnts to immigrate...
F1 is a strictly non-immigrant visa. You have to prove your intention of not immigrating to USCIS....
So your position for asking a H1 to F1 transfer is inherently weak....Again a good attorney can spin it....You need a an extremely good attorney....
If you are paying out of your pocket, you can go to college on H4..
Student loans are not available on H4...No financial aid of any kind would be available on H4...
Transferring from H1 to H4 should be quick....I would not bother to file in premium...You are to stop working anyway....Just getting an application receipt should be good enough to start college....If the college allows, you can start college immediately....USCIS never objects to you going to college
as long as you can pay....
I know all this because I did the research when my wife started her college..Should finish this may..
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styrum
01-18 12:43 PM
This is obvious that it is the "Green Card" and/or temporary visas stamped in the passports of tourists and other short-term visitors that were meant in this law. Then it makes sense, of course: visitors usually don't have any form of identification other than their passport with a visa and immigrants have a small plastic "green card".
When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.
We don't exist!
When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.
We don't exist!
kumar1
05-15 05:34 PM
I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
Sometime ago , I had seen Jack Welch's comments on this ( the last page in Business Week ) where he had mentioned that he respected people who have an online MBA bcoz of the fact that these people were handling a family , kids , a full time job and education, no mean feat ... and that he did not consider their MBA less than another MBA.
To the person, who commented about their CIO being from Univ of Phoenix, I worked at a biotech where the CFO was an MBA from Golden Gate University ... You don't want to know where the company went.
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santa123
02-24 03:45 PM
Can an approved I-140 from Company A (future employer) be used to obtain an extension for H1 with company B (Current employer)?
Pls provide your inputs
Pls provide your inputs
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mariner5555
03-06 06:54 AM
That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.
I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.
So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)
why are you so scared :-D ..what happens if media watches the poll and how is this dirty linen ...it is a valid point ..and the main point is legal people have to wait for years and years to get the stupid card (and in the meanwhile keep on paying the lawyers fees) ..this is not dirty linen ...if you are not convinced then stay out of the way.
really I dont see any other options after the letter campaign ...unless some one else has a better idea !!
btw you are paranoid ..how can someone else do this for you ??
>So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards
I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.
So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)
why are you so scared :-D ..what happens if media watches the poll and how is this dirty linen ...it is a valid point ..and the main point is legal people have to wait for years and years to get the stupid card (and in the meanwhile keep on paying the lawyers fees) ..this is not dirty linen ...if you are not convinced then stay out of the way.
really I dont see any other options after the letter campaign ...unless some one else has a better idea !!
btw you are paranoid ..how can someone else do this for you ??
>So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards
suresh.emails
01-21 02:41 PM
No more crossing into USA just based on saying you are a Citizen (oral declaration).
Starting from January 31, 2008 (two weeks from now), all citizens must carry passport or other kinds of acceptable ID's to enter into US border. This is also applicable US and Canadian citizen.
Following are acceptable documents/ID's for US/Canada citizens ages 19 and older.
1. USA, Canada passports
2. US passport card (available in the spring)
3. Trusted traveler card such as NEXUS, SENTRI or FAST
4. Secure driver's license
5. US military ID
6. US Merchant Mariner document
7. One of several IDs issued to Native Americans
So, proof of citizenship will be required for entry.
As usual, all other citizen must carry all required documents.
Source: USA Today January 18, 2008 news paper 3A page.
Starting from January 31, 2008 (two weeks from now), all citizens must carry passport or other kinds of acceptable ID's to enter into US border. This is also applicable US and Canadian citizen.
Following are acceptable documents/ID's for US/Canada citizens ages 19 and older.
1. USA, Canada passports
2. US passport card (available in the spring)
3. Trusted traveler card such as NEXUS, SENTRI or FAST
4. Secure driver's license
5. US military ID
6. US Merchant Mariner document
7. One of several IDs issued to Native Americans
So, proof of citizenship will be required for entry.
As usual, all other citizen must carry all required documents.
Source: USA Today January 18, 2008 news paper 3A page.
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vine93
06-10 03:54 PM
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vamsi_poondla
09-26 02:40 PM
Check it out
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a protest of
the long delays in securing green cards for highly-skilled workers already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
more...
reddymjm
06-03 07:15 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
You will get 6 years as you were never on H1b before. See below I copied this from Immigration-law.com.
Devices to Delay the Reach of H-1B Six-year Limit: Assuming one has to rely on 106(a) route because the pending labor certification has yet to be certified, one can consider one of the following devices:
Overseas Trip and Recapture of H-1B Time: Currently, any period of time spent outside of the U.S. can be recaptured. This will allow stretch-out or delay of reaching the six-year limit and making him/her qualified for 7th-year H-1B extension.
Change of status back and forth between H-1B and H-4 if both spouses are H-1B professionals: The Aytes memorandum decoupled H-4 from H-1B and any period in H-4 status will not count for H-1B six-year limit. Again this will delay reach of the H-1B six-year limit. Since they have already taken out H-1B cap number, they will not be subject to the H-1B annual cap and will be able to change back to H-1B anytime, even during the period of running out of annual H-1B cap numbers.
Change of status back and forth between H-1B and other nonimmigrant status: Aytes memorandum made it clear that one does not have to maintain H-1B status to apply for 106(a) or 104(c) H-1B extension beyond six years. Again this will delay the reach of H-1B six-year limit and making them eligible for 106(a) or 104(c) extension.
I would say talk to an attorney. You can talk to Murthy on Murthy.com chat.
Find more details about Aytes memorandum
2) Is it OK to go for VISA staming before 6-Jan-08?
You can get it stamped.
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
Looks like nothing needed. u can come in asap.
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sanju
01-24 01:28 PM
What is the next item we are waiting for, it has to be "wait for the economy to get a little better before the congress will do something".
This chakraview never ends. Please god (or IV) help us ......
When you want someone (that could be anyone) to do something, it is better to ask politely rather than using accusatory language and kill the debate even before it starts. :D
This is just a suggestion. You are a free man living in a free world (and include the text of First Amendment here), so you are free to do or say whatever you want. Although, there are many means to express frustration, including accusatory language.
Why do think that someone here has a power to do something but is deliberately not doing it? You seem to think that others on the forum are giving you "excuses"? :rolleyes: That's funny. Often on these forums I have seen folks with the loudest (and mostly disrespectful or distasteful) expression try to drive, causing an accident right in the start.
It takes more than accusatory language to motivate others to do something constructive.
.
This chakraview never ends. Please god (or IV) help us ......
When you want someone (that could be anyone) to do something, it is better to ask politely rather than using accusatory language and kill the debate even before it starts. :D
This is just a suggestion. You are a free man living in a free world (and include the text of First Amendment here), so you are free to do or say whatever you want. Although, there are many means to express frustration, including accusatory language.
Why do think that someone here has a power to do something but is deliberately not doing it? You seem to think that others on the forum are giving you "excuses"? :rolleyes: That's funny. Often on these forums I have seen folks with the loudest (and mostly disrespectful or distasteful) expression try to drive, causing an accident right in the start.
It takes more than accusatory language to motivate others to do something constructive.
.
more...
pappu
07-02 10:47 PM
http://immigrationvoice.blogspot.com/
IV release
IV release
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coopheal
03-20 11:31 AM
I work for a very reputed company. Lawyers filed EB3 because it was easy for them. At that time everything was current and nobody really cared about EB2/EB3.
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
Don�t give me moral argument about cutting lines. If someone is qualified for EB2 and position needs EB2 qualified and person is already in process of GC with EB3, he/she has every right to move over to EB2. Don�t even try to equate this with lab subs.
If desi company�s are misusing it then put proper review/audit for it. That doesn�t mean I cannot join an EB2 job and not switch over. You can say however loud you want � no one would listen and no one should listen to you.
Hi Coopheal:
With Due respects to your Seniority and Agony/ Frustration being retrogessed.
Standard Companies donot opt for having two I140s approved for a particular employees which is a "Logical Fallacy" of EB concept. Leave alone Rat Desi Companies.. They can do anything and turn the boards off..
If your arguement is right: first you have to stop L1s getting Gcs in less than 10 months.. (on an average). Porting EB3 to Eb2 is a big junk and disrepct to the EB2 Qualifier. Now, Qualifying Eb2, if you feel, is not a big deal, why the companies did not preferred it out for Eb3s in first place because lack of Job Requirements. (infact, this portings have to be highlighted to USCIS as Junk technique and illegal).
So the whole arguement doesnot workout. Soon, wait and see Portings would bestopped, with Desi companies messing itaround like Approved labors (infact, it isa refined version of approved labor scams).
Please donot jump on me.. its a waste of time.. But the logic holds good EB2 Vs. EB3. If allowed, People may even qualify for EB1, (People would work it out also sooner or later) Let's respect each other profiles.. and its a matter of time we are all there.
This is my Honest Advice.. Trust me. I am a 2003 eb3 victim.. No way to jump lines.. its inhuman.
Thanks,
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makemygc
06-10 06:40 PM
My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
Currently she does not have any VISA.
Can her current company "A" apply for L1 and she can come to USA on L1?
And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
working for Comapny "A".?
Thanks in Advance.
-Moti
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
Currently she does not have any VISA.
Can her current company "A" apply for L1 and she can come to USA on L1?
And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
working for Comapny "A".?
Thanks in Advance.
-Moti
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
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reddymjm
12-20 04:29 PM
He did not pay you. Thats all. don't worry about it. Even I know people who got GC's even with a real degree I mean completed degree even from INdia. Its all LUCK.
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nojoke
09-19 04:55 PM
Never insisted you stop posting, was only hoping that you will post some sensible stuff
It’s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.
I am sticking to your advice, I am not reading that boring news.
You undertood what a forum is.
And again I don't need your certificate of approval.
It’s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.
I am sticking to your advice, I am not reading that boring news.
You undertood what a forum is.
And again I don't need your certificate of approval.
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sodh
07-24 06:02 PM
What i have heard is that the recent I140 approvals (2006/07) contains A#.
Only the ones who were on OPT.
Only the ones who were on OPT.
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sunny1000
07-24 10:18 AM
my lawyer says the same thing..no employer letter needed for concurrent filing...do't know what to believe...Pappu, can you please post the link to the USCIS memo, if you have it?
Thanks much.
Thanks much.
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crystal
02-15 04:19 PM
Are you sure this is the reason why they have per country limits :confused:
Or you dont want that way :D
It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
Or you dont want that way :D
It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.
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kicca
08-29 02:09 PM
found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:
www.ilw.com/seminars/august2002_citation2b.pdf
www.ilw.com/seminars/august2002_citation2b.pdf
caydee
04-20 04:07 PM
Please email the names with phone #s.....
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
------------------------------------------------
URGENT
------------------------------------------------
We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.
Thanks,
lazycis
12-21 10:03 PM
lazycis,
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
According to 245(k), does it mean that "unauthorized stay" (or stay with expired I-94) of more than 1 year is wiped out if a nonimmigrant went out of the country, entered back with a new I-94 and maintained legal status ever since? He/she should not have any problems in adjusting status with 485?
I like your insight into immigration policies and the way you express them.
Thanks.
8 USC 1182(a)(9)(B) Aliens unlawfully present
(ii) Construction of unlawful presence For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.
Unlawful presence is different from out of status.
The period for unlawful presence begins on:
1) The expiration date* of the visa "status" document (I-94 Arrival/Departure Card), or
2) status violation, determined by an immigration judge, or
3) status violation, determined by the USCIS during the course of adjudicating a benefit application.
245(k) allows up to 180 days of "out of status".
If a person overstays (expired I-94) more than one year, leaves and re-enters within 10 years, it will be a problem for I-485 (if the USCIS finds about it, of course). More likely it will result in removal proceedings and permanent bar to reentry to the US. The only exception is if that person has an immediate relative who is a US citizen (see 8 USC 1255(i)).
So the moral of the story is to never leave the US until you get a green card if you accumulated more than 180 days of unlawful presence.
However if a person left and was allowed to re-enter, there is a chance that a person did not accumulated unlawful presence to trigger re-entry ban. Refer to this CIS memo for details regarding "period of authorized stay".
http://www.mnllp.com/GOVbcisnOOSunlawful0403.pdf
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