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Aos Filing Discussion

Discussion in 'General discussion about executive action' started by djayash, Sep 10, 2015.

  1. ColumbusDude

    ColumbusDude Active Member

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    Ron,

    This question is about VISA utilization. If a VISA is allotted by the DOS in say September 2015, but the Approval has not happened before 30th Sept, 2015, due to RFE review or maybe USCIS just ran out of time. Can the applicant expect to be 'Approved' in say October 2015 and still be counted against the FY2015 Visa Quota? Bear in mind here that the PD has retrogressed in October 2015 VB and the person is not current in Oct VB
     
  2. hkumar.ven

    hkumar.ven Member

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    Hi Ron,
    Please help answer what is A number and is that the one I find on my approved 140?
     
  3. ColumbusDude

    ColumbusDude Active Member

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    I think the A number gets allotted to you when you apply for AOS - I-485.
     
  4. kd082108

    kd082108 Guru

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    Yes..You are correct.
     
  5. kd082108

    kd082108 Guru

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    No..You will be assigned with an Alien# upon your I140 approval. You can fill that A# in your 485 form.
     
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  6. gcmatters

    gcmatters Guru

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  7. ColumbusDude

    ColumbusDude Active Member

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  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you have advance parole in hand when you leave, and an H1B visa application is denied, you may return using advance parole. You should not try to use an advance parole that was issued after you left, however.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If it doesn't appear on your I-140 approval notice, then you probably don't have one. Don't worry about it. They will assign one. If you are in doubt, leave that field blank.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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  12. djayash

    djayash Guru

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    Is it really necessary to do so? My lawyer maintains there is no need to add US citizen child information in 485 nor attach any of his/her documents
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Then you should follow your lawyer's advice.
     
  14. mar212011

    mar212011 Well Regarded Member

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    Ron can employer still withdraw 140 after filing 485? Thanks
     
  15. Kamakazee

    Kamakazee Super Moderator

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    If the employer leaves before 180 days of filing AOS, then yes. After that, I guess it does not matter.
     
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  16. ColumbusDude

    ColumbusDude Active Member

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    Thanks Ron. At what point of the process does a visa get 'allotted' to an Applicant?
     
  17. DonDraper

    DonDraper Guru

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    If your paper work is complete, medicals are filed and visa bulletin cutoff date is greater than your priority date.
     
  18. mar212011

    mar212011 Well Regarded Member

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    you mean employee leaves, thanks so 6months is still good
     
  19. iDreamer

    iDreamer Member

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    Hi Ron,
    I am filing I-485 in October 1st week (PD is 01/05/2011.)

    Hy H1B extension is still pending. We are still moving ahead with filing I-485.

    What happens in case H1B extension is denied? Will my I-485 also gets denied.
    I am with same employer since my I-140 was approved and do not have plans to change employer.
    I was never out of status in the past as well.

    Please help/advise.

    Thanks
     
  20. DonDraper

    DonDraper Guru

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    h1b approval and i-485 are independently adjudicated. if i-485 is denied, h1b beyond 6 years becomes null
     

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