Leo07
11-18 01:49 PM
I'm thinking of buying Atlas America Comprehensive with $100 deductible for my Mom. It's coming out to be $991.00 for 6 months approximately.
Friends, if you have any complaints about Atlas or much favorable things to say about other insurance companies, Please suggest me.
Best!
We recently got the Atlas America Insurance with 0 deductible and got two visits done for my father(chest infection). Got antibiotics prescribed, blood test done, physical checkup done. Went very smooth, no payments at all.
Said that, someone who has tested a Emergency visit or a Specialist visit or an Intensive care visit should be able to give us a better idea of who fares better.
Till date, other then a PCPs visit, I have not heard any good reviews for any insurance cos(agents).
And then there are so many agents/sub-agents floating around, that even the genuine ones dont seem so genuine.
We should have a AM/S&P kinda rating system for Visitors insurance.
Friends, if you have any complaints about Atlas or much favorable things to say about other insurance companies, Please suggest me.
Best!
We recently got the Atlas America Insurance with 0 deductible and got two visits done for my father(chest infection). Got antibiotics prescribed, blood test done, physical checkup done. Went very smooth, no payments at all.
Said that, someone who has tested a Emergency visit or a Specialist visit or an Intensive care visit should be able to give us a better idea of who fares better.
Till date, other then a PCPs visit, I have not heard any good reviews for any insurance cos(agents).
And then there are so many agents/sub-agents floating around, that even the genuine ones dont seem so genuine.
We should have a AM/S&P kinda rating system for Visitors insurance.
wallpaper Quotes and Poems
gsc999
07-11 04:49 PM
I will help you. Please send me phone numbers
Please Pm me your e-mail address and ph number so that I can send you the phone list and explain the data.
thanks,
gsc
Please Pm me your e-mail address and ph number so that I can send you the phone list and explain the data.
thanks,
gsc
arunkotte
07-29 08:22 AM
How can we figure out the net assets from a 1120S tax return? I have the copy of company tax return with me and I am "accounting challenged". Can some one please help me figure out the net assets, so that I can answer my ability to pay RFE.
Thanks
Thanks
2011 quotes on vision. quotes on
EkAurAaya
11-02 10:54 AM
1) We can go back; need not pretend if we think we have the brains
2) If you go "your GC misery is over". After that "A new beginning for you and this society"
3) If you don't go back you don't lose credibility. You just prove that you want to live here no matter what. Eveyone has the right to make his choice based on what works out well for him/her
4) For those who voted "yes" I think they know what they want in life and why they are here. No matter what the conditions are here or anywhere they will make the right choices instead of expecting someone else to control their lives.
The counter point is "Lobbying is not the only path to our freedom and independence"
Like you mentioned pointing out people and there posts is not required ( if you think that is a smart threat and expect people to backoff) because everyone can search every post of the other person if they want to do so.
FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.
I am not against IV and its goals or against any views or opinions of people. It is a free world, but if we want to pay a price for that we can do so in many ways. e.g. Waiting for GC.
I don't think you will understand this but i will give a simple explanations...
it is not easy for people to pack up and leave when you have family/kids assimilating in the system (forget your "status" for a minute - people living here don't want to move to a different town (forget state) because their kids are in school) <<< this has nothing to do with how brainy you are (in fact it will be stupid to just pack up and leave). Oh and not to forget... i want SS/Medicare when i retire, i paid for it ;)
However I can guarantee you 80% (if not 100%) of IV members with PD < 2004 would have return if they had to restart the process of GC (too late for that we all have 485 applied and AC21 is around the corner ;))
And to answer your question about brain drain... it will happen if immigration is not fixed, if it takes 10-15 years to immigrate then people with naturally opt to get out of here before they are neck deep (like us 7-10 years) in the system.
But really Please Please Please do set an example by going back for good... I already explained the net result of you going back in my previous post ;)
Request: Mods I think this stupid thread does not belong here, please delete it... gjoe can take his agenda some place else to rally some support (perhaps in some anti-immigrant website).
2) If you go "your GC misery is over". After that "A new beginning for you and this society"
3) If you don't go back you don't lose credibility. You just prove that you want to live here no matter what. Eveyone has the right to make his choice based on what works out well for him/her
4) For those who voted "yes" I think they know what they want in life and why they are here. No matter what the conditions are here or anywhere they will make the right choices instead of expecting someone else to control their lives.
The counter point is "Lobbying is not the only path to our freedom and independence"
Like you mentioned pointing out people and there posts is not required ( if you think that is a smart threat and expect people to backoff) because everyone can search every post of the other person if they want to do so.
FOR ALL THOSE WHO VOTED YES - IF WE HAVE ENOUGH NUMBERS WE CAN CHARTER A A380 OR TWO DREAMLINERS ONE FROM THE EAST COAST AND ONE FROM THE WEST COAST WITH STOPS IN DIFFERENT COUNTRIES TO DROP OFF PEOPLE. IT HELPS US, AIRBUS/BOEING AND THE "NO" SAYERS WAITING FOR THEIR GC'S. THIS WOULD BE FOR SURE A BIG EVENT IN THE HISTORY.
I am not against IV and its goals or against any views or opinions of people. It is a free world, but if we want to pay a price for that we can do so in many ways. e.g. Waiting for GC.
I don't think you will understand this but i will give a simple explanations...
it is not easy for people to pack up and leave when you have family/kids assimilating in the system (forget your "status" for a minute - people living here don't want to move to a different town (forget state) because their kids are in school) <<< this has nothing to do with how brainy you are (in fact it will be stupid to just pack up and leave). Oh and not to forget... i want SS/Medicare when i retire, i paid for it ;)
However I can guarantee you 80% (if not 100%) of IV members with PD < 2004 would have return if they had to restart the process of GC (too late for that we all have 485 applied and AC21 is around the corner ;))
And to answer your question about brain drain... it will happen if immigration is not fixed, if it takes 10-15 years to immigrate then people with naturally opt to get out of here before they are neck deep (like us 7-10 years) in the system.
But really Please Please Please do set an example by going back for good... I already explained the net result of you going back in my previous post ;)
Request: Mods I think this stupid thread does not belong here, please delete it... gjoe can take his agenda some place else to rally some support (perhaps in some anti-immigrant website).
more...
pappu
02-02 11:59 AM
Please see the response that I received from VisaLaw.com
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
Regards,
Greg Siskind
Gregory Siskind, Attorney at Law
Siskind Susser Bland - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604
Email: gsiskind@visalaw.com
Web: www.visalaw.com
note the words I bolded in your lawyer's response. :)
we have to continue to make efforts and not wait for others to hep us get out of this mess.
The SKIL Bill is a proposed piece of legislation that would increase the
number of H-1Bs and green cards. It is included in the comprehensive
immigration bill Congress is likely to consider this spring and will
hopefully pass in the fall.
Regards,
Greg Siskind
Gregory Siskind, Attorney at Law
Siskind Susser Bland - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604
Email: gsiskind@visalaw.com
Web: www.visalaw.com
note the words I bolded in your lawyer's response. :)
we have to continue to make efforts and not wait for others to hep us get out of this mess.
ss_col
01-31 09:02 AM
Hi,
Does anyone know what qns # it is at present at or the heading it is under. I could not find either of them.
Thanks
Contributed $300, Sent flowers.
Does anyone know what qns # it is at present at or the heading it is under. I could not find either of them.
Thanks
Contributed $300, Sent flowers.
more...
pansworld
12-03 05:56 PM
We agree to disagree.
I will check out the youtube video.
Cheers
Every member is welcome to contribute time and/or money. Both are important.
Monthly subscriptions do not make this an exclusive club, they just allow IV to budget and plan future campaigns.
Some of these campaigns will give everyone easy access to the (very exclusive) "AOS applied" club!
The biggest campaign of them all... will give us all a quicker route to the extremely very exclusive Green Card club.
To know why amounts cannot be disclosed please check out logiclife's and aman's videos on youtube!
Thank you.
I will check out the youtube video.
Cheers
Every member is welcome to contribute time and/or money. Both are important.
Monthly subscriptions do not make this an exclusive club, they just allow IV to budget and plan future campaigns.
Some of these campaigns will give everyone easy access to the (very exclusive) "AOS applied" club!
The biggest campaign of them all... will give us all a quicker route to the extremely very exclusive Green Card club.
To know why amounts cannot be disclosed please check out logiclife's and aman's videos on youtube!
Thank you.
2010 tony dungy quotes vision
chicago60607
09-17 11:29 AM
Sorry it is about Impeachement of U.S. District Judge G. Thomas Porteous
more...
espoir
07-19 01:12 PM
I support this idea to have a funding drive to help Aman recover his financial losses. We can never thank enough for the time and effort that was put in. Its a pain we need to share. Celebrating and saying thanks to IV is nice. But contribution is only way to say thanks. Think about it if we had to file with new filing fee, we would have paid 3 times what we paid now. Its amazing and we are fortunate to have people like Aman, logiclife and other IV core have such selfless and sacrificing nature.
Have a separate fund raising to reimburse AMAN...
I'm travelling...I pledge 100$ towards this...
Have a separate fund raising to reimburse AMAN...
I'm travelling...I pledge 100$ towards this...
hair These imagined quotes gave
Redeye
08-13 06:38 PM
Boy, you are two kinds of crazy
1) You ignored the point people have life and do things to be happy in life. You choose a job that makes you happy. Then apply for GC either EB3 or EB2.
You say you have chosen PHD, and you came out low on money. What were you smoking when you chose Phd and also thought you would make money?
2) I cannot change my classification and port it like it is my application. Because simply it is not. At the same time I do not want to leave my 6 figure job with benefits ( yeah you heard it right and damn right I worked hard for it like you did for your Phd)
And yeah India is a great country and would love to go back someday, but not today. Irony is I know for a fact that I will have better life in India than in US given my family background. But I will not let any struggle in my life go waste.
PS: I have a US Masters with a 4.0. I have got offers for Phd which I chose not to do because it does not interest me.
..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!
The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.
1) You ignored the point people have life and do things to be happy in life. You choose a job that makes you happy. Then apply for GC either EB3 or EB2.
You say you have chosen PHD, and you came out low on money. What were you smoking when you chose Phd and also thought you would make money?
2) I cannot change my classification and port it like it is my application. Because simply it is not. At the same time I do not want to leave my 6 figure job with benefits ( yeah you heard it right and damn right I worked hard for it like you did for your Phd)
And yeah India is a great country and would love to go back someday, but not today. Irony is I know for a fact that I will have better life in India than in US given my family background. But I will not let any struggle in my life go waste.
PS: I have a US Masters with a 4.0. I have got offers for Phd which I chose not to do because it does not interest me.
..."who were qualified for EB2 but applied in EB3. " ...Exactly my point. Technically I am qualified for EB1 but filed as EB2, hence i need to play by the rules governing EB2. Now if i begin lamenting that I am qualified for EB1 which is current and life is unfair since i am in EB2, how much sense would that make? My point is Don't crib if EB3 is retrogressed...use the system and become EB2, port your priority date, which is ofcourse dependent upon finding an EB2 job !!! All of this nonsense .."i pray someone does something for EB3" is going to get no one anywhere !! Fight for comprehensive immigration reform or HR 5882 recapture BUT for god's sake Do not blame the EB2 - India people who have played by the rules and are in a favorable position today relative to EB3 !!
The lawsuit against PD porting makes sense from an EB2 perspective and they are right to go ahead with it. Porting your PD from EB3 to EB2 makes sense from an EB3 perspective and every EB3 should try to do it before this door closes, if it does.
more...
redcard
12-29 11:34 AM
Techy wont bother us again. Say TA-TA to techy2468.
Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
Wrong Action Logiclife. Your action does not make any logic nor does it makes sense in free life..
You want to get Green Card and become citizen of a country that gives you freedom of everything including freedom of speech, and you deny the same to people in this forum...in name of moderation or whatever you want to call it� do you understand you try and control THE ONLY ONE THING YOU CAN CONROL in this forum the freedom of speech and feel proud about it (�Say TA-TA to techy2468�).. What if you had more things in your control,, would you be lot different from a dictator or a control freak.. ask your self�
Sorry but this act of administrator(s) of banning people from threads or moderating every threads, goes against the very principle of this country part of which we all want to be. Let Freedom Prevail in everything even if it disturbs you or is not pleasing to your ears, We are after all using a media called internet for our cause which itself stands on this very foundation of Freedom of Information and speech..� For a moment think what this whole movement of IV would have been if the internet was controlled.. like you control the threads�
Don�t take away a right that this country gives you even as in immigrant, unlike lot of people who are a part of this forum and have experienced what denial of Freedom of speech feels like back in their home countries�
PS: Don�t go ahead and ban this post in a state of denial�
Sorry this thread took an ugly turn with techy's profanity and inflammatory comments.
Wrong Action Logiclife. Your action does not make any logic nor does it makes sense in free life..
You want to get Green Card and become citizen of a country that gives you freedom of everything including freedom of speech, and you deny the same to people in this forum...in name of moderation or whatever you want to call it� do you understand you try and control THE ONLY ONE THING YOU CAN CONROL in this forum the freedom of speech and feel proud about it (�Say TA-TA to techy2468�).. What if you had more things in your control,, would you be lot different from a dictator or a control freak.. ask your self�
Sorry but this act of administrator(s) of banning people from threads or moderating every threads, goes against the very principle of this country part of which we all want to be. Let Freedom Prevail in everything even if it disturbs you or is not pleasing to your ears, We are after all using a media called internet for our cause which itself stands on this very foundation of Freedom of Information and speech..� For a moment think what this whole movement of IV would have been if the internet was controlled.. like you control the threads�
Don�t take away a right that this country gives you even as in immigrant, unlike lot of people who are a part of this forum and have experienced what denial of Freedom of speech feels like back in their home countries�
PS: Don�t go ahead and ban this post in a state of denial�
hot quotes on vision. quotes about
lost_in_gc_land
01-31 04:36 AM
Hello I got a yellow form 221(g) during my interview. Got my passport and approval back during the interview.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
Are other people in PIMS getting this yellow form/ 221(g) stating that "when administrative processing is completed in your case we will contact you"?
This will allow me to decide if I am stuck in PIMS or something else.
more...
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DariusMonsef
05-31 04:15 AM
Fallin.
(I already entered mine, but I was having too much fun so I thought I would just share and inspire the rest of you.)
(I already entered mine, but I was having too much fun so I thought I would just share and inspire the rest of you.)
tattoo quotes on vision. and a clear
laborchic
12-26 03:06 PM
Great stuff folks..
I convinced more people from my office to send a message on change.gov. Even US citizens who respect your work could send a message to the transition team saying that they are for the legal and highly skilled immigrants...
Getting recommendations from your bosses, managers and co-workers may also be helpful. Its very unusual for the USCIS/Immigration dept people to hear good things about the immigrants from US Citizens.
These days lots of people are talking about the transition at work and they know about change.gov website. If you know good friends who can write for you then that could be of great help.
I have a feeling that some good news is coming up in the pipeline. Was reading about Janet Naplolitano and Silos in today's NY times editorial.
Lets give it a best shot here guys..:)
I convinced more people from my office to send a message on change.gov. Even US citizens who respect your work could send a message to the transition team saying that they are for the legal and highly skilled immigrants...
Getting recommendations from your bosses, managers and co-workers may also be helpful. Its very unusual for the USCIS/Immigration dept people to hear good things about the immigrants from US Citizens.
These days lots of people are talking about the transition at work and they know about change.gov website. If you know good friends who can write for you then that could be of great help.
I have a feeling that some good news is coming up in the pipeline. Was reading about Janet Naplolitano and Silos in today's NY times editorial.
Lets give it a best shot here guys..:)
more...
pictures my favorite quotes of all
mrdelhiite
07-26 07:36 AM
my 2 cents!!
if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.
EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...
Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.
u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....
hope this helps.
if you are single and apply for 485 and get a EAD can still being ur wife from India on H4 as long as u DO NOT use EAD and DO NOT get 485 approved.
EAD to me has major benefits for the spouse. I think everyone agrees that 485 retrogression gona happen ... so if that happens u cannot get a 485 approval or add ur wife till almost close to 485 approval .. as ur PD wont be current. In this period u will never be able to use EAD as ur dependent will go out of H4 status ...
Also it is never recommended to use EAD and maintain H1 status ... so to me if you are single and have no plans as of yet to get married u will not use the interim benefits and pay EAD fee every year.
u will be in the 485 queue and if anything changes about green card u are atleast far enough to not to start ur application from beginning... also if for some reason u decide to use ur EAD the way around is ur wife to get another Visa like F1 ....
hope this helps.
dresses quotes on vision.
nashim
04-21 10:06 AM
Shana04,
If previous employer revoked the H1B then you see the status as reopen.
If previous employer revoked the H1B then you see the status as reopen.
more...
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vadicherla
05-01 04:29 PM
My application is at NSC
girlfriend This week#39;s quote:
inspectorfox
10-10 04:57 PM
Effect of Travel While in H1B / L-1 Status and Pending I-485
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion. Thus, many with both H1B (or L-1) status and AP find themselves faced with the difficult decision of how to reenter the U.S. after travel abroad. One must decide between reentering in H1B (or L-1) status, which requires that the passport have a valid H1B (or L-1) visa stamp or utilizing the AP document. AP does not require an approved visa at the U.S. consulate. Such individuals are concerned about the manner they choose for reentering, as this may affect their respective status in the U.S. Answers to many of these questions are in our MurthyBulletin article, Adjustment of Status and Travel : Your Questions Answered! (August 31, 2007), available on MurthyDotCom. The differences between entering in H1B (or L-1) status as opposed to entry on AP, as well as the effect on one's immigration status and employment authorization are explored here for the benefit of our readers.
One Entering on AP Becomes a Parolee
It is a common misconception that entering the U.S. on a valid AP will not impact one's H1B (or L-1) status. An individual with a pending I-485 application, who is eligible to enter in H1B (or L-1) status, may do so without abandoning the I-485 application. Using the AP to enter the U.S., however, terminates one's nonimmigrant H1B (or L-1) status. The reason for this is that an entry on AP is not considered an admission in any particular status but, rather, it is a separate form of entry known as parole. Since the most important document evidencing one's status in the U.S. is the I-94 form, one may easily determine the category of entry by looking at the I-94 issued at the port of entry. One who enters the U.S. on AP has a notation on the I-94 indicating that s/he is paroled into the U.S. An individual who uses a valid H1B (or L-1) visa to enter the U.S. is issued an I-94 specifying the appropriate nonimmigrant status and the date of expiration.
The complete analysis, however, is not quite so simple. Under Legacy INS memoranda issued March 2000 and revised in May 2000, the H (or L) individual who enters on AP does not lose all benefits related to the H-1 (or L-1) status. This is wherein the confusion arises, as explained below.
Parolee may Work for H1B (or L-1) Employer without Valid EAD
Pursuant to the Legacy INS memorandum issued on May 16, 2000, a parolee may continue to work for the H1B (or L-1) employer "if the alien's H1B or L-1 employment authorization would not have expired had the alien not left and returned under advance parole." Such employment is not regarded as being unauthorized, even if the individual does not hold a valid Employment Authorization Document (EAD). In practical terms, while an individual in this situation would no longer hold a nonimmigrant status, s/he still would be able to use the H1B (or L-1) employment authorization to continue working for the H1B (or L-1) employer. This appears to be the most difficult concept to understand, as it does not have any parallel applications within other immigration concepts. The easiest way to grasp this is to think of the unexpired H1B (or L-1) approved petition and I-94 in this situation as employment authorization, which does not give one a corresponding status. Essentially, while the individual does not hold H-1 (or L-1) status after a paroled entry, s/he does retain some of the privileges of that status. It is important to note, however, that in the event that one's I-485 application is denied, the individual would be out of status since s/he would not be maintaining the H (or L) status.
One who chooses to enter the U.S. on AP to resume working for the H1B (or L-1) employer, according to the terms of an unexpired nonimmigrant petition, is eligible to use it as employment authorization. Therefore, s/he does not need a separate EAD. Since the employee continues to hold a valid document permitting employment, the travel and reentry do not trigger any obligations on the part of the employer with respect to Form I-9 prior to the expiration of the H1B (or L-1) petition.
EAD is Safer / H1B Makes Extensions Possible
As a matter of precaution, since the above information is based on a long-standing Legacy INS memo, rather than law or regulation, it may be advisable to possess an EAD in this situation, in the event of any questions on the issue. However, even in that scenario, the employer would not seem to have any additional I-9 obligations, as the last document reviewed by the employer (H1B or L-1 I-94) would be unexpired. Also, the employee would be allowed to file for the H1B (or L-1) extensions even after entering on AP.
Parolees Resume H1B (or L-1) Status upon Admission or upon Approval of H/L Petition
The May 2000 memorandum clarified that an H1B (or L-1) nonimmigrant, who has traveled abroad and reentered the U.S. on AP "may apply for an extension of H1B or L-1 status, if there is a valid and approved petition." If the USCIS approves the petition, this "will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification." Therefore, one's H1B (or L-1) status will be reinstated upon the approval of the petition for extension of status. In order to utilize these provisions, s/he should have resumed employment with the H1B (or L-1) employer following the paroled entry.
Similar Result if Employer Files H1B Amendment
The same effect would be achieved if the current employer files an amended petition. It can also be achieved if the individual works for the H1B employer, and later seeks to extend H1B status through a change of employer. Additionally, since the AP entry does not invalidate the approved H1B (or L-1) petition, the foreign national potentially could regain H (or L) status by traveling abroad and reentering with a valid H (or L) visa, and obtaining an H (or L) notation on the I-94 card at the port of entry. In these circumstances, the H (or L) status will be reinstated, giving one the benefit of continuing in that status for a length of time even if the I-485 ultimately is denied. Thus, when one wishes to maintain H1B (or L-1) status, which is often the case, this still may be accomplished, even if AP is used for entry at some stage in the process. This is particularly straightforward for individuals who have H1B (or L-1) status that will need to be extended shortly after their reentry into the U.S. The H (or L) extension, if approved, will put them back in H (or L) status, even if they last entered on AP. At the Murthy Law Firm, we also see many situations in which one uses AP for emergency travel or shorter trips, but then seeks the H (or L) visa on a later trip, when time allows for a visa application at the consulate.
Conclusion
An H (or L) nonimmigrant with a pending I-485 application may have to make a number of decisions before traveling abroad. These decisions potentially subject one to an unintended result that could have been easily prevented, if anticipated. There are risks and variables to weigh, each of which is case specific. Because each person's situation is different, a consultation with a knowledgeable, experienced attorney is advisable prior to travel. Additionally, since AP can take several months to process, it is often a good idea to request AP just in case it is needed for an emergency or other unexpected situation, even if the intention is to travel as an H (or L) nonimmigrant.
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fasterthanlight�
06-07 04:53 PM
Dunno, see what bk has to say about it.
chintu25
07-20 01:21 PM
Date Delivered To USCIS: July 2nd 2007
Time Delivered To USCIS: unknown
Service Center: TSC, NSC etc. Texas
Rejected: Dont Know
Time Delivered To USCIS: unknown
Service Center: TSC, NSC etc. Texas
Rejected: Dont Know
nitinboston
05-29 05:05 PM
Did you guys looked at the latest projections given by USCIS, its on murthy.com. For those who want to wait 10-15 years in limbo, i will pray for you all. For those who want to explore new options, i want to wish you best of luck,
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