chunky
09-24 10:55 AM
Starting a thread for 485 packet signed by B Fisher on July 20, 07 at 9.30 AM
Chunky
485/AP/EAD filed on July 20, 07 - No checks cashed, no receipts so far
Chunky
485/AP/EAD filed on July 20, 07 - No checks cashed, no receipts so far
wallpaper Tuesday, March 29, 2011
a_yaja
07-24 01:35 PM
My employer has decided to concurrently file for my I-140 and I-485 in EB2 category. The application will be submitted to USCIS by Aug 1.
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
I see a lot of people advising you to get married here in the US. BE CAREFUL. TALK TO LAWYER BEFORE YOU DO ANYTHING RASH AND REGRET IT LATER. As I mentioned in another thread, I know of a case where a lady came to US on visitor visa (B1) and married a US citizen right away. Her AOS was denied saying that she falisified her visa application(stating that she needed visitor visa for non-immigrant purposes when in fact she wanted to immigrate to the US). To avoid such a case, the usual practice would be to wait for 6 - 8 months and then get married in the US. Your case is different, but take no chances.
Coming back to you case, I don't see any issues in applying for AOS - if your would be spouse already has a F1 visa, there is nothing to worry about. She can enter the US on the F1 visa. If your would be spouse does not have F1 visa, then she can always apply for F1 *BEFORE* you two get married (then she does not have to state in the visa application that someone in family had applied for immigrant visa) and still come over to the US and you can later aply for AOS when the dates are current. Another option would be to get your wife here on H4 (if for some reason the F1 does not work out) after marriage and apply for AOS when dates are current again.
There are many options available for you - it would be a good idea to talk to a lawyer. The only problem I see right now is that your wife will not be able to join you in applying for AOS. If you really want her to apply for AOS with you, then you need to go to India ASAP, get married, bring her back on H4 and file for AOS. Or as someone else suggested, you can file for AOS, go to India, get married, get your wife on H4 and file for her AOS (especially since medical records are not required as part of initial evidence).
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
I see a lot of people advising you to get married here in the US. BE CAREFUL. TALK TO LAWYER BEFORE YOU DO ANYTHING RASH AND REGRET IT LATER. As I mentioned in another thread, I know of a case where a lady came to US on visitor visa (B1) and married a US citizen right away. Her AOS was denied saying that she falisified her visa application(stating that she needed visitor visa for non-immigrant purposes when in fact she wanted to immigrate to the US). To avoid such a case, the usual practice would be to wait for 6 - 8 months and then get married in the US. Your case is different, but take no chances.
Coming back to you case, I don't see any issues in applying for AOS - if your would be spouse already has a F1 visa, there is nothing to worry about. She can enter the US on the F1 visa. If your would be spouse does not have F1 visa, then she can always apply for F1 *BEFORE* you two get married (then she does not have to state in the visa application that someone in family had applied for immigrant visa) and still come over to the US and you can later aply for AOS when the dates are current. Another option would be to get your wife here on H4 (if for some reason the F1 does not work out) after marriage and apply for AOS when dates are current again.
There are many options available for you - it would be a good idea to talk to a lawyer. The only problem I see right now is that your wife will not be able to join you in applying for AOS. If you really want her to apply for AOS with you, then you need to go to India ASAP, get married, bring her back on H4 and file for AOS. Or as someone else suggested, you can file for AOS, go to India, get married, get your wife on H4 and file for her AOS (especially since medical records are not required as part of initial evidence).
slc_ut
09-08 06:31 PM
somegchuh,
I've sent 2 pvt msgs to you.
slc_ut
I've sent 2 pvt msgs to you.
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03-01 11:42 AM
If you have a valid H-1B, you can get the visa stamping done and don't need AP to return.
Thanks Sunny26, little_willy,
I do not have valid H1-B.
Sorry for the late reply things have been little hectic.
Thanks for your reply appreciated.
Regards,
Thanks Sunny26, little_willy,
I do not have valid H1-B.
Sorry for the late reply things have been little hectic.
Thanks for your reply appreciated.
Regards,
more...
ak_manu
09-28 10:55 AM
All,
Can some one address the following concerns?
1. Can the employer stop me without leaving company even after 180 days of 485 filing ?
2. What if I leave my employer after 180 days of 485 filing, and some time later I get a query from USCIS requesting documentation from employer who filed for my GC and the prevous employer wont give it to me because I left company?
Thanks
AK
Can some one address the following concerns?
1. Can the employer stop me without leaving company even after 180 days of 485 filing ?
2. What if I leave my employer after 180 days of 485 filing, and some time later I get a query from USCIS requesting documentation from employer who filed for my GC and the prevous employer wont give it to me because I left company?
Thanks
AK
bigboy007
11-08 10:26 AM
legislative changes are only way out.. rest of all doesnt help much even though they are nice to have... If one is stuck in GC process for 12+ years whatz the point in admin fixes? they only bring relief in short term...
more...
txuser
03-05 02:10 PM
atlgc, thanks a lot for the quick and detailed information.
Regarding the skills requirement, I was looking at this link (http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list) and didn't find 'Software Engineers' in the list.
As regards the other job titles in the NOC list, I thought I'd need an offer for arranged employment to apply in that category.
Please let me know if job titles in the NOC list qualify for the Federal Skilled Worker category without the need for arranged employment.
Thanks again,
Jake
Regarding the skills requirement, I was looking at this link (http://www.cic.gc.ca/english/immigrate/skilled/apply-who-instructions.asp#list) and didn't find 'Software Engineers' in the list.
As regards the other job titles in the NOC list, I thought I'd need an offer for arranged employment to apply in that category.
Please let me know if job titles in the NOC list qualify for the Federal Skilled Worker category without the need for arranged employment.
Thanks again,
Jake
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akhilmahajan
08-08 12:37 PM
There are some grey areas like GC is for permnanent employement with sponsoring employer. But after acquiring GC you are can change or switch jobs easily. Atleast thats what many people presume but there have been cases when GC was revoke when people jumped jobs in short span after they got their GC when USCIS asked them why thier GC sgould not be revoked when thier intent was not to take up the job offer. But this does nto mean you can switch jobs, you can and you should they dont expect you bound the sponsoring employee for life time. In such cases discreationn of USCIS officer investigating the case comes into picture he uses his judgement like how much time the employee served the employee was it a fair enough move etc Was the intent for empoyement there in the first place etc. Hence you will find that most lawyer sites recommend not to chnage jobs for atleast six months afte getting the GC and mind you all these things are taken into consideration when you apply for naturalization.
Now coming to the question it seems techincaly correct but it there are cases when people used AC21 and they have not been issued RFEs but there are cases when people were issued RFEs when they had used AC21. There is no clear cut answer to this but again the discreation the USCIS officer uses is the intent and secondly also depends the on period elapsed or time for eg. a friend of mine who filed his 485 in 2002 was issued a RFE in 2005 about his employement ,like whom did he work for now and if he did work for the sponsoring employer ,USCIS asked for an employement letter from employer .
Changing employers when you have recnetly got GC can raise question about intent ,this might affect naturalization or questions raised right away after the move is made(even though this is rare unless someone complains ) but deifnately your LPR case is reviewed during naturalization .
i think there are a lot of grey areas.
reading ur post, i think its not about my intent to work, but its the intent of the IO to give me GC or not.
Will try to follow the law, as everyone interprets the same way.
What ever u do, how hard you try i think in the end it comes on luck.
Thanks a lot once again.
Now coming to the question it seems techincaly correct but it there are cases when people used AC21 and they have not been issued RFEs but there are cases when people were issued RFEs when they had used AC21. There is no clear cut answer to this but again the discreation the USCIS officer uses is the intent and secondly also depends the on period elapsed or time for eg. a friend of mine who filed his 485 in 2002 was issued a RFE in 2005 about his employement ,like whom did he work for now and if he did work for the sponsoring employer ,USCIS asked for an employement letter from employer .
Changing employers when you have recnetly got GC can raise question about intent ,this might affect naturalization or questions raised right away after the move is made(even though this is rare unless someone complains ) but deifnately your LPR case is reviewed during naturalization .
i think there are a lot of grey areas.
reading ur post, i think its not about my intent to work, but its the intent of the IO to give me GC or not.
Will try to follow the law, as everyone interprets the same way.
What ever u do, how hard you try i think in the end it comes on luck.
Thanks a lot once again.
more...
ragz4u
02-17 11:48 PM
And the government knows about it. The arrest of Nick Mandalapa who was seeling labors openly on Sulekha and now the introduction of the rule banning labor subs is a step in the right direction.
I do realize that there will be a ton of substitution happening from now until April 13th, but I am optimistic that the folks approving these would be keeping an eye on this and will most likely reject the application.
Unfortunately the greedy will still take the risk and make the immigration lawyers wealthier. I am not sure letting Lou know about this would help us in the long run. Knowing him, he'll start portraying it as every H1B holder does this!
I do realize that there will be a ton of substitution happening from now until April 13th, but I am optimistic that the folks approving these would be keeping an eye on this and will most likely reject the application.
Unfortunately the greedy will still take the risk and make the immigration lawyers wealthier. I am not sure letting Lou know about this would help us in the long run. Knowing him, he'll start portraying it as every H1B holder does this!
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legaleagle
10-19 02:36 PM
Thank you all for your immediate replies.
So I belive worst scanario she can not work until EAD is renewed again but she do not need to leave country immediately for stamping.
Thanks.
Correct
So I belive worst scanario she can not work until EAD is renewed again but she do not need to leave country immediately for stamping.
Thanks.
Correct
more...
Honda
05-10 11:04 PM
Take a look and particularly pages 23 - 26...
http://www.whitehouse.gov/sites/default/files/rss_viewer/immigration_blueprint.pdf
:)
Dont expect too much. Nothing will happend.
http://www.whitehouse.gov/sites/default/files/rss_viewer/immigration_blueprint.pdf
:)
Dont expect too much. Nothing will happend.
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rodnyb
11-22 12:44 PM
Thanks, man.
Do you have a list for self filing EAD, self-filing AP/EAD together?
By the way, do we need to keep AP renewed if I don't plan to travel in near future? For example, my AP expires in Dec. My next travel abroad is planned in July 2010, can I renew it March 2010? Or I have to keep it no gap as the case with EAD?
Thanks
Do you have a list for self filing EAD, self-filing AP/EAD together?
By the way, do we need to keep AP renewed if I don't plan to travel in near future? For example, my AP expires in Dec. My next travel abroad is planned in July 2010, can I renew it March 2010? Or I have to keep it no gap as the case with EAD?
Thanks
more...
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thomachan72
04-02 04:13 PM
CIR will take time my friend. Meanwhile we have "Dream bill" in the house which is attempting to legalize the ilegal kids. Now let us talk about including a provision for EB applicants kids into that bill, which will serve multiple purpose:
1) will highlight that there is a tremendous backlog due to EB visa wastage, country limits etc
2) Increase our quota for EB visa due to seperation of kids who exceeded the 5 year US stay into a seperate catagory and process.
So talk to the senators to (not support Dream act As Is) but to include a seperate provision for the dynamic kids of the EB community.
Do a favor for the EB community particularly our friends in the EB3 catagory who have tremendously long waiting times.
1) will highlight that there is a tremendous backlog due to EB visa wastage, country limits etc
2) Increase our quota for EB visa due to seperation of kids who exceeded the 5 year US stay into a seperate catagory and process.
So talk to the senators to (not support Dream act As Is) but to include a seperate provision for the dynamic kids of the EB community.
Do a favor for the EB community particularly our friends in the EB3 catagory who have tremendously long waiting times.
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GKBest
08-23 09:25 PM
Its interesting!! As far as I know, our lawyer didnt apply for EAD/AP, but today we got the EAD card by post directly to our mailbox.
I don't know whats going with INS, but we are pleasantly surprised!! Does anyone else got this EAD?
Also my name is not complete on the EAD(one of those poor guys with a loooong name), will that be a problem?
You may be luck but this is a scary news to others. Is this another foul up by the USCIS? Checks might have been interchanged from one applicant to another. I think USCIS computers have a virus.
Last month, we got a withdrawal notice of an approved H1B but the employer has not even revoked the H1B. In fact the EE is still working with us. We asked USCIS to correct their info. What's going on?
I don't know whats going with INS, but we are pleasantly surprised!! Does anyone else got this EAD?
Also my name is not complete on the EAD(one of those poor guys with a loooong name), will that be a problem?
You may be luck but this is a scary news to others. Is this another foul up by the USCIS? Checks might have been interchanged from one applicant to another. I think USCIS computers have a virus.
Last month, we got a withdrawal notice of an approved H1B but the employer has not even revoked the H1B. In fact the EE is still working with us. We asked USCIS to correct their info. What's going on?
more...
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deer
11-07 11:48 AM
February will be too late for me....but still will be good as compare to more than 12 months at Nebraska.
I am thinking of going back to India before my visa expires on 01/12/08. I have 10 weeks vacation, which I think should be keeping for later. Labor was not files 12 months prior, hence don't have 1 yr extension.
Does anybody know whether I should be in USA to file I-140? I think I am needed for 485 only, right?
Any suggestions?
I am thinking of going back to India before my visa expires on 01/12/08. I have 10 weeks vacation, which I think should be keeping for later. Labor was not files 12 months prior, hence don't have 1 yr extension.
Does anybody know whether I should be in USA to file I-140? I think I am needed for 485 only, right?
Any suggestions?
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clazale
10-18 08:01 PM
Hello Everyone,
My GC got approved using cross-chargeability.
Priority Date: Nov 2004 (EB3 - India)
Applied I140 and I485 concurrently during the July 2007 fiasco
I140 approved: Sept 08
GC Approved: Oct 08.
Good luck to all of you, in your GC journey. Hope all of you get your GC soon.
My GC got approved using cross-chargeability.
Priority Date: Nov 2004 (EB3 - India)
Applied I140 and I485 concurrently during the July 2007 fiasco
I140 approved: Sept 08
GC Approved: Oct 08.
Good luck to all of you, in your GC journey. Hope all of you get your GC soon.
more...
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Dhundhun
10-19 02:01 PM
I am EB2(INDIA) filer with PD of OCT 2006. My wife have H4 until 2010 and we also received our EADs after July 2, I-485 filing. I have not used EAD yet but my wife starts working using EAD and she is on the payroll for about 2 months now. Our EAD expires on DEC 2008 and I sent renewal application 9/12 but have not heard from USCISI NSC yet. Now what will happen to my wife's H4 visa or her status if we did not receive EAD renewal in time? If she quits her job now, can she be still on H4 or exclusively on EAD? Is that scanario will cause any problems in future?
I will really appriciate your help in this matter...
Thank you
After using EAD, her status is "AOS pending". EAD is not status. It is authorization given to potential immigrants as well as non-immigrants such as Students, AOS Pending people, Refusees.
EAD to H4 happens again when she travels outside and gets I94 based on H4 or applies to USCIS for H4 extension.
FYI, going on EAD might not be reported to USCIS. But she must maintain her records clearly.
If she does not receive EAD, still she is on AOS pending. I9 has provision that if EAD is applied and it is being processed in USCIS, an employee has up to 90 days to give new EAD to employer - so she can continue working, by giving a copy of EAD renewal receipt to employer (in case renewed EAD does not arrive before expiry) attached to I9. Refer to I9 instructions for detail.
I will really appriciate your help in this matter...
Thank you
After using EAD, her status is "AOS pending". EAD is not status. It is authorization given to potential immigrants as well as non-immigrants such as Students, AOS Pending people, Refusees.
EAD to H4 happens again when she travels outside and gets I94 based on H4 or applies to USCIS for H4 extension.
FYI, going on EAD might not be reported to USCIS. But she must maintain her records clearly.
If she does not receive EAD, still she is on AOS pending. I9 has provision that if EAD is applied and it is being processed in USCIS, an employee has up to 90 days to give new EAD to employer - so she can continue working, by giving a copy of EAD renewal receipt to employer (in case renewed EAD does not arrive before expiry) attached to I9. Refer to I9 instructions for detail.
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rorypirrie
03-09 05:42 PM
What exactly is the process of cross chargeability?
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akhilmahajan
08-21 12:44 PM
Mine is EB (company sponsored) based and i am the primary applicant. My wife has also filed with me.
Lawyer never asked me to fill 131/864.
Is it ok or i missed something which had to be filed with the application?
Lawyer never asked me to fill 131/864.
Is it ok or i missed something which had to be filed with the application?
karanp25
05-28 12:08 AM
Anyone has further information on how to update representation. It's been almost 5 weeks now, since my attorneys sent the G-28 requesting change of representation, but USCIS still shows my old employer's attorney on their records?
can i take an infopass appt or any other suggestions?
Hi,
My I-140 was approved 1.5 yrs back and I-485 was filed on July 2nd 2007. After my I-485 was pending for more than 180 days, i changed my employer and the new company's immigration attorneys sent updated G-28 forms to USCIS to change representation of my wife's and my pending I-485.
It's been almost 3 weeks, and i assume USCIS does not acknowledge G-28 update. Is there any way to confirm with USCIS if the representation was changed based on updated G-28 filed by the new employer's attorneys.
Any suggestions/comments from people in similar situation.
Thanks!
can i take an infopass appt or any other suggestions?
Hi,
My I-140 was approved 1.5 yrs back and I-485 was filed on July 2nd 2007. After my I-485 was pending for more than 180 days, i changed my employer and the new company's immigration attorneys sent updated G-28 forms to USCIS to change representation of my wife's and my pending I-485.
It's been almost 3 weeks, and i assume USCIS does not acknowledge G-28 update. Is there any way to confirm with USCIS if the representation was changed based on updated G-28 filed by the new employer's attorneys.
Any suggestions/comments from people in similar situation.
Thanks!
gcwait2007
04-05 11:46 AM
Hi I got a job offer from TCS America. Not a great company to work with i guess but given the job market i want to be little conservative.
In the past i heard some bad things about TCS practices and benefits (medical and so). I am not sure if they stay the same or anything has changed. I also heard that they ask for 3 months notice if you choose to leave.
Could please any of you familiar with TCS and their benefits please pass on your comments. I am specially interested to know how professional they are and how their medical insurance work. (I am told the medical insurance is very bad that it doesn't cover much .. is that true?)
Appreciate your help in advance. It is important for me to know these details before i choose this career move.
Hi Andy,
I was an ex-employee of TCS America. I was a fresher when I joined them. I worked with them over a period of 40 months (3 yrs, 4 months). I learnt a lot from the organization. Over all, I feel TCS America is a great place to work, as far as work and learnings are concerned.
I was not concerned about perks that include medical benefits, etc. Those days in 2002, the termination notice on either side was 15 days. It cannot be 3 months, however I am not sure about these days.
In the past i heard some bad things about TCS practices and benefits (medical and so). I am not sure if they stay the same or anything has changed. I also heard that they ask for 3 months notice if you choose to leave.
Could please any of you familiar with TCS and their benefits please pass on your comments. I am specially interested to know how professional they are and how their medical insurance work. (I am told the medical insurance is very bad that it doesn't cover much .. is that true?)
Appreciate your help in advance. It is important for me to know these details before i choose this career move.
Hi Andy,
I was an ex-employee of TCS America. I was a fresher when I joined them. I worked with them over a period of 40 months (3 yrs, 4 months). I learnt a lot from the organization. Over all, I feel TCS America is a great place to work, as far as work and learnings are concerned.
I was not concerned about perks that include medical benefits, etc. Those days in 2002, the termination notice on either side was 15 days. It cannot be 3 months, however I am not sure about these days.
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