Very Important - New Traps for Aliens Filing for a Green Card

[h1techSlave]

Please read Page 11 of the memo, before you switch to panic mode. I could not copy the contents, but what I understand is that as long as your 485 is pending, you are in status.

Originally Posted by unbreakable

Should I switch to panic mode? I am only in EAD for the past 6 months (my employer would not renew my H1B as I am eligible for EAD). Should I start selling my stuff and plan to leave the country?

[chanduv23]

Originally Posted by h1techSlave

Please read Page 11 of the memo, before you switch to panic mode. I could not copy the contents, but what I understand is that as long as your 485 is pending, you are in status.

This memo does not call AOS as unlawful at all.

[gc28262]

Originally Posted by chanduv23

And where in the memo does it say that pending AOS is not a legal status?

It is just not h1 or l1 - a lot of people fall in the AOS category. Anyone who married and comes here, applies for AOS.

Something just not right with this interpretation.

Have we heard this from anyone else other than this lawfirm?

Read the memo completely.
The entire memo talks about people who accrued unlawful presence. This is not applicable for regular AOS applicants like us.

The lawyer who posted this without a link to original memo is trying to scare people to drive more business to himself.

I am so happy I do not have EAD yet.
I am sorry for those who used EAD and thought they are safe.

This means we should never depend on EAD after filing I485. Always stay on H1B.
It will hurt a lot of people who said EAD is like a greencard . Now their attitude will come back to bite them.

[crazyghoda]

It states that if you were paroled into the US you are fine, but if you do not depart before the last day of the parole (typically 1 year) then you begin to be unlawfully present.

In other words, one would need to make a trip out of the country to re-enter for another year. In my case, I wasnt planning on visiting India this year but looks like now I'll have to to keep the record clean.

Unfortunately the memo doesnt address AC21 usage or anything like that at all.

One thing is certain, USCIS will get a lot of applications now for Advance Parole. I think they just resolved the shortfall in revenue resulting from a decrease in fees.

[ashkam]

Originally Posted by crazyghoda

It states that if you were paroled into the US you are fine, but if you do not depart before the last day of the parole (typically 1 year) then you begin to be unlawfully present.

In other words, one would need to make a trip out of the country to re-enter for another year. In my case, I wasnt planning on visiting India this year but looks like now I'll have to to keep the record clean.

Unfortunately the memo doesnt address AC21 usage or anything like that at all.

One thing is certain, USCIS will get a lot of applications now for Advance Parole. I think they just resolved the shortfall in revenue resulting from a decrease in fees.

Where does it say that? That doesn't sound right.

[gc28262]

Originally Posted by ganguteli

.................................................. ..............................................
This means we should never depend on EAD after filing I485. Always stay on H1B.
....................

This mean people should not blindly believe whatever comes out of some xyz lawyer.

[vivek_ut]

Originally Posted by GMKrishna

If this memo is true, in nutshell, the memo de-recognizes 'AOS' status and expects I-485 petitioners to maintain some other status like H, B, L etc. This is a complete 'U turn' of USCIS policies and tries to add one more hurdle in the lives of people waiting in line for years.

Hi,

Would appreciate if you could please point out the exact section in the document that addresses this. I could not find it.

Thanks.

[sledge_hammer]

Page 9
Example 1
Example 2

Originally Posted by gc28262

Read the memo completely.
The entire memo talks about people who accrued unlawful presence. This is not applicable for regular AOS applicants like us.

The lawyer who posted this without a link to original memo is trying to scare people to drive more business to himself.

[crazyghoda]

On Page 28. Read the section that says:

(G) Aliens present as Parolees.

Originally Posted by ashkam

Where does it say that? That doesn't sound right.

[hpandey]

I think the lawyer is trying to drive business to himself. Other than that don't you think any other reputable lawyer ( Murthy, Khanna et al ) would tell their clients that they have to maintain their H1 or whatever status till they get the Greencard since renewing H1s gets revenue for the lawyers.

There are not a few people on AOS without a valid visa. There are tens of thousands.

[shukla77]

My attorney few days ago suggested me not to go on EAD and maintain H1B. She talked about ICE and some other crap. She will let me know next month what I should do.

Originally Posted by msadiqali

anybody heard anything about this from their lawyers?

[Michael chertoff]

It is so sad man... they are trying to make our life more harder... i feel like to go back back home....tired of whole mess....

MC

[crazyghoda]

Thats probably the whole idea....

[gc28262]

http://www.uscis.gov/files/nativedoc...design_AFM.PDF

For one thing, this memo addresses the inadmissibility factor of aliens unlawfully present.

Most of us won't fall under this category.

Again on page 33/34 there is an example of AOS family based application.
As per that example, assuming that applicant was unlawfully present before AOS application, if USCIS accepts I-1485 application and issues a receipt notice, he/she is in legal status even if I-485 ultimately gets rejected.

We are switching to panic mode for no reason. Thanks to that attorney who is trying to create panic among AOS folks.