pointlesswait
07-18 04:55 PM
you could have applied for h1 extension with the old employer and got 3 years extension...
since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..
> you shoudl have got ur h1 extended and changed your job
> or u shoudl have started ur GC process atleast 1 year before the 6 year expires..
gurus..shed some light!
since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..
> you shoudl have got ur h1 extended and changed your job
> or u shoudl have started ur GC process atleast 1 year before the 6 year expires..
gurus..shed some light!
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indian111
07-28 07:47 PM
It takes roughly 20 business days. We just got ours.
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
Hi Sumkam,
Can you let me know if you e-filed or paper filed?
Thanks
unknown123
03-13 11:34 PM
Looks like this is comming for most of us after recent spate of RFEs on I-485 regarding re-submission of medical examination, birth certificate, etc...
Thanks gc_check for the link
Thanks gc_check for the link
2011 Queen Elizabeth I of England-
thomachan72
11-11 12:58 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?
technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.
technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.
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eb3retro
02-04 04:36 PM
has anyone requested USCIS to send AP via Fedex/UPS?
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
whats so urgent about this?
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
whats so urgent about this?
Prashanthi
08-27 02:17 PM
My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.
DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.
IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.
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garga
12-09 04:26 PM
Thank you all for the replies. I had an inclining that my lawyer was pulling stuff out of thin air...your replies does prove it.
I will google some more on the 104c rule but once again, Thanks to all of you!
I will google some more on the 104c rule but once again, Thanks to all of you!
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slammer
10-09 12:49 PM
Regular processing being what ? AOS ?
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nashim
05-12 09:19 AM
gangadhargs ,
Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.
Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.
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GC_1000Watt
01-08 03:39 AM
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
Thanks man. And let me know how do I change the subject title? I don't see an option.
P.S: fix the subject, it is too generic...
Thanks man. And let me know how do I change the subject title? I don't see an option.
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acecupid
08-01 11:06 AM
HI , first of all thank you for spending some time on my problem.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
Your statements seem to contradict. I thought you mentioned earlier that you moved to "Y" location. Are you saying that you live in "Y" location and your dependents live in "X" location and you travel to meet each other on weekends ? If you maintain two residences then you probably dont have to file a change of address.
I find it pretty odd though, most people dont maintain multiple residences.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
Your statements seem to contradict. I thought you mentioned earlier that you moved to "Y" location. Are you saying that you live in "Y" location and your dependents live in "X" location and you travel to meet each other on weekends ? If you maintain two residences then you probably dont have to file a change of address.
I find it pretty odd though, most people dont maintain multiple residences.
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getta05
03-27 10:09 AM
Hi,
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
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HarishM
09-21 04:06 PM
Hello,
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
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raysaikat
06-14 11:50 AM
Thank you! raysaikat
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
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FixCIS
01-24 12:51 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.
Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.
Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?
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Prashanthi
05-08 03:39 PM
Based on the facts that you have given, you should be able to use 245K in this case.
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StuckInTheMuck
08-12 08:27 PM
If you e-file EAD renewal, you will get FP notice. To avoid it, paper-file your renewal.
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roseball
05-04 04:34 PM
Hi Guys
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
Please read before giving your opinions: as per memo not my words:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.
The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.
See links below for more data
http://ac21portability.com/modules/wflinks/
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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Jerrome
02-24 01:33 PM
Company B can not apply based on EB1, They have to apply only in EB2 or EB3.
To Join company b you have to use
L1
- not possible.
H1
- October 2009 possibly if you get your visa
- Green card not in EB1
EAD
- Not assure. Depends on Labor, 140 then 485 filing
Last option
- Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.
To Join company b you have to use
L1
- not possible.
H1
- October 2009 possibly if you get your visa
- Green card not in EB1
EAD
- Not assure. Depends on Labor, 140 then 485 filing
Last option
- Go to india work with them for a year and comeback in L1 and then apply on EB1 must be faster. Provided you get L1 to come here. I hear now a days they are rejecting L1s left and right.
trueguy
10-01 12:17 PM
Do you think its possible to merge all the databases in just 10 days? How realistic is it?
Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.
Thanks.
Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.
Thanks.
Administrator2
12-09 11:06 AM
Because Republicans are blocking every bill in the Senate until the issues of Tax cuts is resolved, Sen. Reid needed to postpone the cloture vote on Dream Act to buy time to get more support. Senate Majority leader needed “Unanimous Consent” to withdraw his cloture motion and push back the vote. He did not get it, forcing him to offer a motion to table the cloture vote.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
Tabling the cloture vote will allow Sen. Majority leader to bring the DREAM Act up again when the other issues have been resolved, and when there are 60 votes. We expect that Dream Act will surely come up for vote again before the end of 111th Congress.
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