Sunday, June 19, 2011

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  • tikka
    07-13 07:29 PM
    Thanks GCard_Dream

    Great Job! amitjoey...
    added to your reputation..

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  • desi3933
    06-25 12:34 PM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.

    As per this memo -

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.

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  • GotFreedom?
    07-23 10:48 AM
    Thank you for all the responses.

    One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?

    How does one prove the legal status in the country?

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  • makemygc
    06-14 10:52 AM

    Don't create new thred for every single question you have.. You can find right thred and put it there..

    Yes you can file for 485 even though your H1B extension is pending.

    Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".

    I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. says that there could be an issue with that:-
    It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.

    Can someone has done this earlier and can put their experience in. Please.


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  • Curious_Techie
    09-30 10:54 AM
    Yes NSC with WAC receipt.
    EB2-I PD Aug 2005.
    I did applied for EAD & AP renewal in mid August.
    Still on H1B. 2010 validity

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  • ibbu_arif
    11-17 05:21 PM
    Thanks "LostinGCProcess" { I apologize to call you by your userID :) }

    This give me confidence to travel even if I don't get my AP approved.

    I actually posted one more post asking my concerns about multiple security checks

    Can you please advise what in your opinion is the best thing to do.

    I know the security clearance timeframe is unknown, but how long does the PIMS check take?


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  • sanju
    11-20 11:09 AM
    Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.

    This is a significant development and one is likely to affects us all.


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  • BigMouth
    12-11 07:43 AM
    guys, do u see any issues/problems on Landing Canada while pending 485 and coming back on AP.

    I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???


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  • BhanuPriya
    06-11 02:41 PM
    There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.

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  • kramac01
    08-13 06:18 PM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.

    How to check the LUDs in USCIS website?


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  • ski_dude12
    10-15 02:17 PM
    It is possible that since you are on H1 they might have assumed that your employer filed for your GC.

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  • nocomment
    09-27 04:41 PM
    Why would IRS care how you perform your full time job. IRS's responsibilty is to collect taxes on our earnings, and it doesnt matter you trade 100 or 1000 stocks per day as long as you file schedule D.

    Short term trading is gambling, you wont come out of the game until you lose. Long term is the way to make money.


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  • sparky_jones
    02-03 12:36 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

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  • dealsnet
    03-30 09:43 AM
    :eek:What is your point ?

    What you want to say ?:confused:

    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.


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  • clif
    06-15 09:07 AM
    Bumping up...
    :confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:

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  • peer123
    04-10 09:22 AM
    I am not sure how to set up a poll question

    Can any one who knows how to do it set up a poll question

    Have changed job using AC21, after having approved I140 and > 180 days of 485 application?

    1. Invoked AC21
    2. Invoked AC21 and H1B transfer
    3. Did not inoked AC21 but only H1B Transfer
    4. Did not change JOB



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  • srikanthmavurapu
    08-16 02:51 PM
    As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.

    I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.

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  • desi3933
    05-15 04:10 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.

    He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.

    My understanding is that beneficiary must be in-status at the time of filing for change of status.


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  • villamonte6100
    08-21 12:29 PM
    So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.

    How long did you wait after your biometrics to get your 485 got approved?

    06-01 04:54 PM
    Just a thought. If wishes were horses......

    While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.

    A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.

    I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.

    (a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
    (b) Would you first see the current bill to the end and then consider other options only if it dies.

    04-13 06:30 PM
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.

    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.

    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.


    If you decide to reply, tell the truth.

    Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.

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