snathan
09-17 09:11 AM
Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
why your co-workers 140 was denied. Is it sub labour or she is the primary ?.
Thanks
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Gravitation
03-06 02:19 PM
I say EB3 India will move to Jan 1st 2002.
ajju
02-25 12:04 AM
what am I missing here? other than the hassle of getting paper copies filled out/ printed and the advantage of getting a refund a few weeks earlier, what is the advantage of e-filing?
at the end its matter of choice... but having choice is always good :-)
at the end its matter of choice... but having choice is always good :-)
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camarasa
07-23 11:23 PM
I would ask an independant lawyer for his/her advise. Your current lawyer could just be looking for more money from you.
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GCA
09-15 01:05 PM
hahah, interesting, funny but logical... I guess they just did not think through all this and why would they :mad:
Had they able to think that far, may be many of the issues we face today wouldn't have cropped.
Had they able to think that far, may be many of the issues we face today wouldn't have cropped.
ahnewGC
07-25 12:19 PM
Hi,
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
may I know what would be the problem if the name is not mentioned in the birth certificate. It was issued right after I born, without specifying name.
my parents name, date of birth ,date of place are there in the birth certificate.
filed I485 in late june. I guess they might send RFE.
Thank u
regards
ahnewgc
more...
Ann Ruben
07-05 09:02 PM
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
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rajeshalex
07-30 09:29 AM
May be we can ask the important questions from everyone and filter it out/ask the top ten among them as a community?
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yabadaba
06-24 12:42 PM
bump^^^^
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chanduv23
07-02 01:07 PM
My wife name in not mentioned while applying I140 , how does it imact?
Can i add her while applying I485
Yes, add your dependents on 485
Can i add her while applying I485
Yes, add your dependents on 485
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seekerofpeace
10-05 11:05 PM
that was hilarious GCN007...BTW my wife got approved to finally....
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
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iambest
07-11 04:48 PM
Is this true...? if it is, USCIS is in big trouble.
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
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neerajkandhari
06-04 07:47 AM
CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.
I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2
please Advice
I have recently left my job I have another job offer with the same position and same and higher salary can they pay me via 1099
I had my wife start a business can i work in the same position in her business with same or higher salary can i do 1099 instead of W2
please Advice
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logiclife
02-09 11:54 AM
Nothing on google or Cspan. I am sure you've tried that.
Is there a special newspaper for Capitol hill? that published committe hearings etc. then you have a shot at looking at those after the hearings are over.
--logiclife.
Is there a special newspaper for Capitol hill? that published committe hearings etc. then you have a shot at looking at those after the hearings are over.
--logiclife.
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chprav
11-05 10:28 AM
Finally I got mail from USCIS on 11/04 saying my AP is approved. But the message says it is approved on 10/17. I didn't know why they took so many days to update the status? Is it normal?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Approval notice sent.
On October 17, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
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CADude
07-21 01:10 PM
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
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ssa
11-14 01:51 AM
There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
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ubetman
08-04 01:09 PM
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
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srikondoji
07-02 05:45 PM
hemanth22:
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.
Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.
At the end we want to see a smile on everyone's face.
gemini23:
Thanks for correction dude.
srikondiji,
I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.
what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection
As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care
But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.
hemanth
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.
Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.
At the end we want to see a smile on everyone's face.
gemini23:
Thanks for correction dude.
srikondiji,
I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.
what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection
As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care
But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.
hemanth
GC_ASP
07-20 07:39 AM
If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
GCard_Dream
04-04 05:42 PM
If you have filed multiple applications like 485, EAD, AP, etc and then you move and do an address change using the AR-11 form, addresses in your pending applications will not get automatically changed. The AR-11 form doesn't change your address in the pending applications unless you filled out the AR-11 form online and specifically requested that addresses in all pending files be changed. This is so weired that the CIS would change address in their central database but the address in the pending applications wouldn't change.
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
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