tammigaw
03-02 04:43 PM
Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .
i greatly appreciate your responses.
i greatly appreciate your responses.
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maximus777
09-10 03:05 PM
Which EB category are you shooting for?
absaarkhan
01-29 10:18 AM
To Anantc
Yes She can work as long as the EAD is Valid.
Yes She can work as long as the EAD is Valid.
2011 Samsung I9000 Galaxy S
rabs
04-12 06:31 AM
Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
AOS pending
Also what should I fill in the
"Please provide information concerning your eligibility status"
Please suggest.
AOS pending
more...
adi787
12-11 08:15 PM
hi,
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
GCplease
07-30 09:16 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
more...
gc28262
07-21 09:33 AM
IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
They are just trying to play safe.
They are just trying to play safe.
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Dandruff
09-27 10:34 AM
FWIW: Got EAD Card Production ordered for both of us. 9/26
ND : 8/15
RD : 7/18
ND : 8/15
RD : 7/18
more...
gc??
04-26 02:31 PM
I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?
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LayoffBlog
01-27 01:32 PM
Pfizer announced Monday that it has signed a deal to acquire the smaller drugmaker Wyeth for $68 billion, and tens of thousands of job cuts will follow.Pfizer spokesman Ray Kerins said that two waves of job cuts would occur in 2009. In the first, Pfizer said it would cut 10% of its 81,900 staff - [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1233&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/pfizer-to-lay-off-tens-of-thousands/)
More... (http://layoffblog.com/2009/01/26/pfizer-to-lay-off-tens-of-thousands/)
more...
bluez25
08-26 12:16 PM
Hey all,
Saw August Visa Bulletin on Mid July.
Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
Got the notarized copy of the employment letter.
Started on July24th and reached July25th night.
Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
Went to Lister Laboratory and took the medicals.
Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
Got the results from Listor laboratory and went to the Doctor and got the medical report done.
Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
Tuesday Morning got police verification for me and my wife in our homes.
Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
Went to Commissioners office and collected the PCC from there too.
Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
Went to US Consulate on August 11th Morning around 7.30 AM.
We were let inside and asked to wait in the waiting room for couple hours now.
We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
10.45 AM they called us around 10.45 and took finger printing for me and my wife.
11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
Started from the consulate.
Started to US on last Thursday.
Reached on Thursday here at LAX port of entry.
Asked to wait for an hour.
took finger printing and asked us to get our baggage and waited in the waiting area.
One hour from there one officer called and said the passports are stamped and we are all set to go.
They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
Job done.
Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.
Saw August Visa Bulletin on Mid July.
Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
Got the notarized copy of the employment letter.
Started on July24th and reached July25th night.
Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
Went to Lister Laboratory and took the medicals.
Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
Got the results from Listor laboratory and went to the Doctor and got the medical report done.
Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
Tuesday Morning got police verification for me and my wife in our homes.
Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
Went to Commissioners office and collected the PCC from there too.
Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
Went to US Consulate on August 11th Morning around 7.30 AM.
We were let inside and asked to wait in the waiting room for couple hours now.
We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
10.45 AM they called us around 10.45 and took finger printing for me and my wife.
11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
Started from the consulate.
Started to US on last Thursday.
Reached on Thursday here at LAX port of entry.
Asked to wait for an hour.
took finger printing and asked us to get our baggage and waited in the waiting area.
One hour from there one officer called and said the passports are stamped and we are all set to go.
They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
Job done.
Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.
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vdlrao
10-26 09:53 AM
I have observed the same thing.
more...
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zephyrr
03-20 10:51 PM
what happens when the I-140 is not approved, if one uses AC21 after 180 days of concurrent filing of I-140 and 485, does a withdrawl by the employer affect anything?
Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.
Read the Yates memo...After 180 days of I485 pending, the employer's revocation of I140 has not effect on the GC application. But I know a few cases where this was an issue, so make sure you are armed with proof like pay stubs, employment letter et al.
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snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
more...
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fide_champ
09-16 04:06 PM
USCIS will have no way of knowing whether someone is collecting Unemployment benefits. At the time of I-485 approval, they may need your EVL to prove your employment if you have used AC21. As long as you can provide that letter, you should be safe whether you collect Unemployment benefit or not.
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Edison99
02-08 02:29 PM
Panel discussion � is good sign for clearing backlog. This kind effort took place in 2005/2006 and they cleared almost all Labor petitions. However some guys missed July 07 ship though :-(
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
It's a long discussion but the summary in the last 2-3 mins suggests that
a) the temporary worker visas issue should not be tied to backlog reduction issue
b) other countries like canada and australia have already changed their immigration policies for high-skilled immigrants and US is falling behind
c) that the US government needs to provide clarity on the GC process one way or the other instead of keeping us in limbo
d) interesting observation by canadian economics lady professor - clearing the immigration backlog is the only immigration reform that is needed for US economy.
You've to understand that this is just a panel discussion and they can only make recommendations for execution by the politicians...they themselves cannot take any measures to resolve the issues.
Next steps are for us to support IV Advocacy (see separate threads for the April Advocacy) and lobby hard for the necessary legislative changes...this is a good presentation that can be used to to lobby for a piecemeal legislation/amendment for legal immigrant backlog reduction!
more...
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gbof
04-08 02:52 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.
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delhirocks
06-29 11:30 AM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
There is no quota for I 140, the employer is just trying to save money.
There is no quota for I 140, the employer is just trying to save money.
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gcformeornot
04-08 01:09 PM
Paper filed too... 2 main reasons.
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
mmk123
12-19 04:41 AM
After near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.
lacrossegc
07-30 03:44 PM
Dude ,
to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer
Within 4-10 days, after the USCIS sent the FP notice. :mad:
to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer
Within 4-10 days, after the USCIS sent the FP notice. :mad:
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