New Traps for Aliens Filing for a Green Card

[krish2005]

New Traps for Aliens Filing for a Green Card

[alias]

surprised there is no discussion on this thread yet; this one should have had 10s of pages by now!! if this's true then all people on AOS (with no underlying non-immigrant status) should start packing their bags.....I can't believe this's happening, this would be disastorous.

[aachoo]

Another rule change half way through the game...

Why dont they just tell us to leave the country? At least that would be honest instead of putting us through the wringer, and after years, thousands of lawyer fees later tell us the same thing in legalese.

-a

[fromnaija]

I read the article and immediately fired an email to my lawyer. I will post her reply whenever I get that.

[shree772000]

This rule will now generate lots of new money for USCIS.
So they get paid for H1 and EAD/AP reneval fees. This will boost employment also. So its good for US economy.

Way to go USCIS!!

[sk2006]

I am wondering what use is EAD if H1 has to be renewed?

We use EAD so that new employer(if we chose to move) does not have to file H1B, which is a hassle these days, and all we need is to file AC21. We can file for EAD ourselves without involving the employer.


Now new employers will be spooked at the idea of filing H1B!

[hpandey]

you guys don't visit Immigration Voice too often or else you would have seen the discussion that went on this topic for more than one week now

http://immigrationvoice.org/forum/al...reen-card.html

See the thread above.

Also there is a thread in the IV Donor's forum restricted to IV donors. There is nothing to worry about or to be scared. It doesn't mean anything. Thousands of people were in this status and thousands are currently on AOS without H1 etc etc. USCIS is not about to start deporting people left and right.

[bhagat69]

I currently am on EAD nd use AP to travel outside the country. I had about 2.5 years remaining on my H1-B when I had my employer withdraw my approved h1-b petition to save on the 2.5 years remaining on h1-b incase i decided to go back to school. My understanding at that time was EAD and AP are all that re required to stay and work in the US legally.
Reading through all the discussions on the new memo it seems like the USCIS can create issues saying I was in unlawful status without an h1-b even though I had AOS pending with EAD and AP valid at all times.
Is it advisable to have my employer re-file for an H1-B on my behalf to be on the safe side or is the damage already done ? Please advise.
Has anyone taken up this dilemma with USCIS ? What do Sheela Murthy and the other lawyers say ?
To me it just seems like without maintaining H1-B status since I withdrew my H1-B and am using EAD and AP documents the IO reviewing my 485 AOS application at the time of 485 approval can argue unlawful status accrual and deny the case ?