Jim M, Please help I-485 POE entry issues ??
- Thread starter tt tt
- Start date
Dwayne Dodger
Registered Users (C)
entry via airports as opposed to border crossing
INS staff at airports operate differently as compared to those at border checkposts... as your entry was via an airport, your passport was inspected and stamped. mine was a road trip across the detroit/windsor border - on my way back my passport and I-94 were checked by a border official; to that extent, my entry in the u.s. was an inspected one. but since the border officials do not customarily annotate passports on border posts, i have no "documentary" evidence of that inspection. in which case, the only kind of evidence i can present - should it ever be needed - is of the same kind that tt tt has compiled... i guess i am pinning my hopes on the fact that INS ought to be aware of this situation. please advise if there is anything more i could do.
INS staff at airports operate differently as compared to those at border checkposts... as your entry was via an airport, your passport was inspected and stamped. mine was a road trip across the detroit/windsor border - on my way back my passport and I-94 were checked by a border official; to that extent, my entry in the u.s. was an inspected one. but since the border officials do not customarily annotate passports on border posts, i have no "documentary" evidence of that inspection. in which case, the only kind of evidence i can present - should it ever be needed - is of the same kind that tt tt has compiled... i guess i am pinning my hopes on the fact that INS ought to be aware of this situation. please advise if there is anything more i could do.
My lawyer is pretty cool about this...
says if there is an rfe , they will address it ! ?
from my side I have gathered all the receipts ..nothing
much else left to do now
PS : my lawyer said the same thing about the INS being aware of
this kind of situation on the land canada-US border.
says if there is an rfe , they will address it ! ?
from my side I have gathered all the receipts ..nothing
much else left to do now
PS : my lawyer said the same thing about the INS being aware of
this kind of situation on the land canada-US border.
Dwayne Dodger
Registered Users (C)
i agree... good luck!
No Title
James D. Mills
Thanks for your participation and advice. Could you tell us, how confident one can be of getting GC after filing I-485. I mean does it mean that one has crossed all the barriers and now it a question of time? or are there any hidden pitfalls.
1. What does Labor certification means to INS/DOL
2. What does I-140 approval means to INS
3. What INS will look for at I485 stage
Your answer is highly appreciated
James D. Mills
Thanks for your participation and advice. Could you tell us, how confident one can be of getting GC after filing I-485. I mean does it mean that one has crossed all the barriers and now it a question of time? or are there any hidden pitfalls.
1. What does Labor certification means to INS/DOL
2. What does I-140 approval means to INS
3. What INS will look for at I485 stage
Your answer is highly appreciated
Orissa
I;ve been frequenting this board for years under a different name. If you operate under the old rule (that is, stay employed with the sponsoring employer until about 6 months to one year after the GC is approved) you are fairly safe as long as you have not been out of status, worked illegally, or have any of the other potential disqualifying factors (terrorist or communist contacts, illegal activity, . . . ). Using AC21 has some risks since there are no definitive implementing regulations. INS has issued "guidance" but that can be changed with out notice and some service centers (CSC) appear to be operating under other rules.
Short answers:
1. What does Labor certification means to INS/DOL
DOL certified that no qualified US workers are available for the postition. DOL has taken a very cursory look at the candidate\'s qualification and the candidate appears qualified. The wage and working conditions are satisfactory.
2. What does I-140 approval means to INS
INS has agreed that the candidate is qualified for the position and the employer has the ability to pay the offered wage.
3. What INS will look for at I485 stage
The person has no disqualifying personal history. The job still exists. INS can reexamine any of the above.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
I;ve been frequenting this board for years under a different name. If you operate under the old rule (that is, stay employed with the sponsoring employer until about 6 months to one year after the GC is approved) you are fairly safe as long as you have not been out of status, worked illegally, or have any of the other potential disqualifying factors (terrorist or communist contacts, illegal activity, . . . ). Using AC21 has some risks since there are no definitive implementing regulations. INS has issued "guidance" but that can be changed with out notice and some service centers (CSC) appear to be operating under other rules.
Short answers:
1. What does Labor certification means to INS/DOL
DOL certified that no qualified US workers are available for the postition. DOL has taken a very cursory look at the candidate\'s qualification and the candidate appears qualified. The wage and working conditions are satisfactory.
2. What does I-140 approval means to INS
INS has agreed that the candidate is qualified for the position and the employer has the ability to pay the offered wage.
3. What INS will look for at I485 stage
The person has no disqualifying personal history. The job still exists. INS can reexamine any of the above.
Jim
James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702