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Employment-based out of status protection for AOS - Section 245(K)

15 years ago By Chief Editor

Question details

My previous employer didn't pay me for 7 continuous months in 2006, Current employer is going to file I-140 and I-485 based on my EB2 PERM. I have all W2 and Pay stubs except that period. will that going to affect my GC application ? Please let me know what are the possible consequences of that. I didn't know about that 180 days rule.

Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.

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H-1 Quota Count as of May 22, 2009

15 years ago By Chief Editor

USCIS states that as of May 22, 2009 it has received approximately 45,700 H-1B cap-subject cases. So, the cap is still not reached. Also, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.

NSC Updates – 05/26/09

15 years ago By Chief Editor

I-140 backlog

USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.

I-485

USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.

Filing an appeal

Can H-1 be extended based upon family-based green card?

15 years ago By Chief Editor

Question details

I am on H1B. If applied for GC through Family Based 4 category (brother/sister) can I apply for extension of my stay after my 6 yrs H1 period once the I-130 approved? Or this extension request is applicable only on Employment Based processing after Labor clearance?

You cannot. This extension is available only to employment-based applicants.

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I-485: pre-adjudication and employment verification letter

15 years ago By Chief Editor

Question details

1. I see few cases where CIS has sent an RFE to ask for Employment Verification Letter (EVL). When does this typically happen?

2. For cases where in the EVL was already sent along with the I-485 application, what are the reasons usually for CIS asking EVL again?

3. I had taken an Infopass few months ago, and they had said my I-485 application is pre-adjudicated. What does this mean?

1. EVL can be asked for at any stage of AOS/I-485 process. It is REQUIRED when you submit the 485, but thereafter it is discretionary.

2. The main reasons are that USCIS has to make sure you still have a job and the job is "same or similar" to what was described in the labor cert (or I-140 for EB1).

3. This means your application has been reviewed and adjudicated to be approvable. So, USCIS is just waiting for the visa numbers to be current.

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Nebraska Service Center Pre Adjudication I-485 AOS

15 years ago By Chief Editor

NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.

Adoptions of Abandoned Children Halted by Ethiopian Court

15 years ago By Chief Editor

The Ethiopian First Instance Court has temporarily stopped accepting cases involving abandoned children from orphanages in Addis Ababa, citing concern over a recent increase in the number of abandoned children being brought for adoption. The number of abandoned children from orphanages in Addis Ababa has grown dramatically in recent months and Ethiopian authorities have become aware of possible cases of unethical practices associated with some of them.

Extension of the J-1 Entry Date for International Medical Graduates to Qualify for "Conrad 30" Waiver

15 years ago By Editor

USCIS reminds customers that Public Law 111-9, signed by President Obama on March 20, 2009, extends the date until Sept. 30, 2009 by which international medical graduates have to have been granted J-1 nonimmigrant status in order to later qualify for the "Conrad 30" program. Before this latest extension was granted, the most recent sunset date for qualifying J-1 admission was March 6, 2009.

USCIS Updates on FY 2010 H-1B Count

15 years ago By Editor

USCIS has received approximately 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

USCIS Opens International Adjudications Support Branch in California

15 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS), through its International Operations Division, recently opened a new support branch in Anaheim, Calif. to assist in processing select paper-based applications and petitions received from its international offices.

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