sky7
07-26 11:17 AM
Dear all
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)
Sorry i confused u all...here are my GC Filling details:
LC State: NJ
LC Category: EB2
LC PD: 24 SEP 02
I-140 FD: 15 JUNE 06
I-140 RD: 16 JUNE 06
I-140 LUD: 03 JULY 06
I-140 Receipt# : LIN-06-191-XXXXX
I-140 AD (If any): Still waiting!!!
Concurrent filing: NO
So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.
I guess the best option for me is to
** wait till my get my I140 approves,
** get my H1B extended for another 3 years (instead of 1 stupid year),
** Wait for at least 180 days
then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???
More suggestions and opinions??? :o
Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.
Pls advise
Sky
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smiledentist
06-14 01:36 PM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 2006 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
Please help, in my case my I 140 is approved under EB2 but the old company is split.I have since then joined a new company and have a new H1b but yet to start thr PERM process.I am still in good terms with both partners of the old company.Can I file 485 from the old company and use ac21.
gc28262
09-10 02:58 PM
I had a similar issue when I applied for AP from TSC.
Online status said approved, but never received it for a couple of months.
You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.
Please follow the following threads:
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/23097-ap-approval-notice-sent-ap-not-received.html
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24267-ap-lost-in-mail.html
Online status said approved, but never received it for a couple of months.
You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.
Please follow the following threads:
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/23097-ap-approval-notice-sent-ap-not-received.html
http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24267-ap-lost-in-mail.html
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kaisersose
07-11 06:09 PM
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.
To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.
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doubleyou
05-20 09:36 AM
I agree that recapture is a big issue, but background check is also another issue that affects many IV members.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
It just does not matter if wheter one is a paying member or non paying member, i am sure that there are paying members who are also having same issue.
As a start IV should get a count of members who are in the background check doloop.
TigerAmit
09-23 05:32 PM
Is it possible that they reject my application because my both PDs are not current ?
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
( EB3, 10-Nov-2004 as PD Which is not current and EB2, 10-Aug-2007 as PD which is not current either as per Aug and Sept months visa dates ) ?
My Lawyer cited following in cover letter to prove that I am eligible for AOS.
"The purpose of this correspondence is to inform you of the difficulties our office is facing when submitting an I-485 application on behalf of our client Mr.X. Mr.X is the beneficiary of two (2) approved I-140 petitions. Our cover letters to the USCIS have clearly evidenced Mr.X's eligibility to apply for Adjustment of Status pursuant of 8 C.F.R. Section 204.5(e) which states in relevant part:
A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date.
"
At-least I want verify that based on two PD's I am eligible to file for AOS.
more...
nanneh
04-30 02:05 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
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ilwaiting
06-15 03:19 PM
Thats your A number, Its not the I-94 number. Some people have it some don't. If you have it you need to include it. If you don't it would be assigned once you file you 485
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
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bharmohan
07-30 10:24 AM
No, VO returned my passport to me. They said will be sending a mail after review all those documents given by me.
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akhilmahajan
10-31 09:00 AM
4 months from now, there will be another rush for applications for EADs and people will be spending money for it. Everyone will be back on the forums talking about notices and late processing for these applications. Lot of people will have heartburns and their jobs can be in trouble if their EADs do not arrive on time.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
Please dont forget to apply for AP renewal, as if you have to travel, without an AP u will be struck.
So, make sure EAD & AP Renewals are filed close to each other to be on a safer side.
Pappu,
Thanks a lot for bringing it up.
The question we should be asking is "WHEN WILL OUR WORRIES REGARDING RENEWING EAD & AP FINISH?"
Folks come on, lets do something about this situation.
GO IV GO.
TOGETHER WE CAN.
We do not seem to look at the bleak picture ahead in future and are worrying about EADS, AP and notices now. The real problem is retrogression and not if TSC is slower than NSC or vice versa or receipt notices. (You will be surprised that people write to us telling us to focus lobbying efforts on making TSC faster than NSC since that is a big problem faced by millions of people)
The end result of this constant renewals of EAD and AP is heartache, frustration and loss of money for us. We ultimately lose if we do not wake up now and do something.
Unless this community is ready to raise its voice, nothing WILL be done for us in the near future.
Please dont forget to apply for AP renewal, as if you have to travel, without an AP u will be struck.
So, make sure EAD & AP Renewals are filed close to each other to be on a safer side.
Pappu,
Thanks a lot for bringing it up.
The question we should be asking is "WHEN WILL OUR WORRIES REGARDING RENEWING EAD & AP FINISH?"
Folks come on, lets do something about this situation.
GO IV GO.
TOGETHER WE CAN.
more...
lord_labaku
04-14 12:34 AM
it seems clear - a child can claim either parents country chargeability. A spouse can claim a favorable country chargeability. I dont think it says that a parent can claim chargeability of childs birth country.
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lostinbeta
10-21 01:39 AM
W00t!!!!!!!
I love it =)
I love it =)
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geevikram
07-03 09:44 AM
This would be another form of civil disobedience movement that Gandhiji started against Britishers. We should call it market disobedience. Nice idea., btw I have already started this. I, on a month to month basis have started investing money in Indian accounts (FDs,MF and stocks) which I would have otherwise invested here. I'm doing this for the past 1.5 years. As long as I do not have a visibility on when I will get my GC, there is no point in investing here. I'm actually sorry to say this because this country now, of all times, needs any money that they can get. I love US, so not being to be able to help kinda hurts. But hey......, you know why. :rolleyes:
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amitjoey
06-14 02:26 PM
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
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tbass
04-16 12:54 PM
I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.
Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.
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pappu
07-20 09:25 AM
No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
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eilsoe
10-21 01:16 AM
I actually like it the way it is... :)
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laksmi
02-18 02:33 PM
Is paystub needed When a person is on H1B and is out of project when AOS on 485.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
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gc007
08-04 01:36 PM
I think you are right. G-28 for I-140 shud be signed by layer and employer
And there shud be 3 separate G-28 's req for I-485/131/765 signed by layer and the actual applicant.
Mine was filled this way.
May be you shud get some information from others too who have done with one G28
Hope it helps
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..
And there shud be 3 separate G-28 's req for I-485/131/765 signed by layer and the actual applicant.
Mine was filled this way.
May be you shud get some information from others too who have done with one G28
Hope it helps
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..
chennaigc
11-21 04:27 PM
I have one question . What about the I-94 which comes with I-797 ? Can we use this as replacement?
shahuja
02-06 09:06 PM
hello casinoroyal, singhv, stuckhere, statuslaw, bepositive..EVERYBODY..need help..
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.
Hi Shweta,
We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.
Best regards,
IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???
also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??
ADVICE ??
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