nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
willIWill
04-30 02:38 PM
Shisya,
Ascetic, EBX-Man are right, you need affidavits in those situations.
Get the affidavit in a non-judicial Bond paper sworn and attested before a notary public from both Parents, that should be sufficient, you do need to go to a magistrate.
Ascetic, EBX-Man are right, you need affidavits in those situations.
Get the affidavit in a non-judicial Bond paper sworn and attested before a notary public from both Parents, that should be sufficient, you do need to go to a magistrate.
billbuff123
10-27 10:42 AM
Thanks for the replies. I already consulted lawyer may be again I need to double check with other lawyers.
Thanks
Thanks
kish006
10-31 09:03 AM
Any luck today for any body. Please post if u got ur recipt number( july 2nd filers).
more...
jingi1234
08-19 05:58 PM
Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
prioritydate
08-19 05:40 PM
Hi Friends,
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?
My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.
For my case �.. no issues providing evidence and everything is straight forward.
But for my wife �.we have some issue (I think)
USCIS wants her status from May 01, 2003 to Mar 01 2006.
She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.
OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]
We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]
But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.
What are odds that her case might we rejected�any opinions here.
Thanks,
Jingi
Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?
more...
SNLive999
06-11 07:32 PM
Again Thanks Dhun Dhun.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
hasil
09-29 01:04 PM
I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)
Chill man. I am just sharing my experience and giving practical opinion. If it helps you then thats fine else just ignore and move on. :)
more...
IneedAllGreen
02-04 01:09 PM
Thanks four response. Do you have any format to write a letter to Senator or congressman?
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
devamanohar
10-07 01:33 PM
When she was 19, I applied for her on behalf of me.
She was my dependent.
She was my dependent.
more...
marty
10-20 04:48 PM
The dates are retrogressed:
Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007
Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007
Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007
Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007
Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007
Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007
pbojja
04-22 05:39 PM
ND at TSC 09-14-2008
is it suppose to be 09-14-2007 ?
is it suppose to be 09-14-2007 ?
more...
gcnotfiledyet
09-02 04:12 PM
This guy is so curious to know what item and from which store ?
Let him know your answer.
And you thought he would not understand my english? smartypants:)
Let him know your answer.
And you thought he would not understand my english? smartypants:)
stillhowlong
01-17 01:08 PM
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
Rajenk,
You mean to say even the priority date is not transfered from eb3 to eb2 I140 and if the priority date is current ( for example, eb3 date was March 2005 and eb2 date was 2008, and now the eb2 date is current as it passed eb3 March 2005 ).
A) In the above situation, can some one do the interfile?
B) Is that possible to port the date from eb3 I140 to eb2 I140 if the eb3 was approved using substitute labor?
Thanks
SHL
more...
kks_sundar
03-22 04:03 PM
I got the same response from my attorney for my AP to be approved. It is very funny that first he said I can not leave the country while AP pending and they he said that I could leave once my biometrix appointment is over. I am holding it until the critical situation comes for my desparate need to go to my homecountry India.
Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).
What you can do is...
1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.
2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.
3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.
4. Quiltely wait until the AP gets approved.
Good luck on you AP
Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).
What you can do is...
1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.
2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.
3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.
4. Quiltely wait until the AP gets approved.
Good luck on you AP
greencardvow
08-03 06:59 PM
H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
Fire your company lawyer for incorrect information.
Fire your company lawyer for incorrect information.
more...
gc_kaavaali
03-12 03:40 PM
First off all on what basis you can say there are no jobs for H1B's.
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
If anybody who already done/experienced any of above cases, please advise on all above quetions with all options/possibilities. Your great experience helps lot of people like me. Please advise.
Thanks.
mps
06-24 11:28 PM
Article says all pending application ...
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
gc??
11-09 12:58 PM
Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)
When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more
When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more
chanduv23
07-09 12:48 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
chnaveen
04-24 10:18 AM
I understand the pain beacuse of these RFE as we all are waiting for our GC.
There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
It doesn't mean that, in every one's case, they send this RFE, It's just Random.
And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.
There is no need to worry about these kind of RFEs. Just like and RFE asking for latest empolyment verfication letters and W2s, this RFE for Marrige proofs is also similar.
As there is a possibility of the couple getting divorced, USCIS wants to make sure, the couple are still married during the entire process time of their GCs.
It doesn't mean that, in every one's case, they send this RFE, It's just Random.
And in case, if any one of the couple, sends any information to USCIS that they are not living together and a chance of getting divorced, then in those cases, USCIS sends the RFE.
But in most other cases, it's just Random. We have to reply to that RFE with the documents such as, the Marriage certificate, any documents to show that you are still married and living together, like, any Bank statements with Joint accounts, Birth certificates of the recent kids born to the couple etc.
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