Ramba
07-31 05:57 PM
Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..
(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)
(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)
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ashokmohan
06-07 01:55 PM
Transaction ID: 7WK494028G568634H
plassey
09-05 12:01 PM
What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.
Why should I worry about it? Do you really think you can make a difference?
Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?
You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.
So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)
Why should I worry about it? Do you really think you can make a difference?
Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?
You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.
So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)
2011 Nicki Minaj - Barbies Back
Phaedra
05-30 11:54 AM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
more...
whereismygclost
06-17 05:42 PM
Hi sk.aggarwal,
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?
prasadn
01-07 07:20 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
more...
pappu
04-24 11:14 AM
OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?
We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.
We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.
IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.
Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.
We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.
We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.
IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.
Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.
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immigrationvoice1
03-06 03:44 PM
I say EB3 India will move to Jan 1st 2002.
Please provide some more estimates for EB3 India....
Please provide some more estimates for EB3 India....
more...
fromnaija
02-06 06:38 PM
Her H4 depends on my H1B validatity. Im said if i call AC21 using my EAD, then my H1B goes invalid and so her H4. Does this makes sense to you. Do you got other opinions ? If so let mw know. thanks.
EAD is not a status. It's just an authorization for employment. Since you have filed 485 you and your spouse are in adjustment and so I don't see how your using EAD to work invalidates her H4.
EAD is not a status. It's just an authorization for employment. Since you have filed 485 you and your spouse are in adjustment and so I don't see how your using EAD to work invalidates her H4.
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voicerj
04-04 10:34 AM
Lets post here if you are Post July 2007 applicant and have received email /mail from NVC ( National Visa Center ) to pay visa fees. Share your PD and other details you received from NVC.
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
more...
TheHulk
09-11 10:50 AM
I was in a similar situation with EAD
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
I applied for EAD in November 2008, it got Approved (Card Production Ordered etc) but never rec'd the card.
I raised numerous SR's , spoke to IO' etc. (for 9 Months)
Every IO was very sympathetic but they did not know where my card was.
At last in July 2009 , I spoke to an IO and the said that she would follow it up
The next day, I rec'd an email stating that my Card was sent in November 2008 , since I did not receive it , it might have been lost in the email and If I need EAD, I need to re-apply
After this I spoke to an IO again, she said the case closed - Card lost in email - I need to re-apply.
Anyways... I did not re-apply.
In August 2009 I received my EAD card in the mail :)
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anilsal
01-07 10:42 AM
So it is really an administrator goof-up?
more...
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rghrdr777
10-24 05:34 PM
TSC (Sent to NSC. Got transferred to TSC)
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
AP: Waiting
GC: Waiting
RD: 06/25/2007
ND: 08/01/2007
EAD Self Card Received: 08/23
EAD Spouse Card Received: 08/25
FP done for myself and Spouse: 09/06
AP: Waiting
GC: Waiting
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ujjvalkoul
07-17 06:45 PM
contribute please.....
Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved
Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved
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saimrathi
08-22 02:23 PM
I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
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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
more...
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SunnySurya
07-17 12:44 PM
Any Idea, why the processing times have not been released yet?
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punjabi
07-17 06:10 PM
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Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!
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Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!
Punjabi :)
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Canadian_Dream
04-03 11:00 AM
1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
justareader
10-08 08:10 PM
I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o
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]
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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