krupa
05-17 12:43 PM
1.You should have a legitimate offer at the time of 485 application from your employer
2. Your present employer should re confirm that they are going to hire you for permanent position, if 485 approved, if there is an RFE at the time of adjudication.
This is what I heard from my attorney for EVL related RFE's
I don't think its written word for word in the law. However, if you see the RFE about it, the text mentions the word "permanent".
By logic, if USCIS can issue RFE at any point in time while I-485 is pending, then can we say in reply to RFE that we don't have an offer right now but we promise to get same/similar occupation after getting GC? We'll get denied, right?
2. Your present employer should re confirm that they are going to hire you for permanent position, if 485 approved, if there is an RFE at the time of adjudication.
This is what I heard from my attorney for EVL related RFE's
I don't think its written word for word in the law. However, if you see the RFE about it, the text mentions the word "permanent".
By logic, if USCIS can issue RFE at any point in time while I-485 is pending, then can we say in reply to RFE that we don't have an offer right now but we promise to get same/similar occupation after getting GC? We'll get denied, right?
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WaitingYaar
08-15 10:38 AM
Is it necessary for one to continue maintaining H1 status, if EAD is approved, and underlying I-140 has also been approved. What are the implications if H1 expires, and one siwtches to EAD after H1 expiry or what is recommended.
logiclife
10-04 01:25 PM
Thanks for everyone who contributed...
Hermione...what you pointed out is very interesting. In fact, after reading it multiple times, I still still confused :confused: This is in reference to Dec 05 Yates Memo question 1. As you pointed, one of the sentence in the answer is "If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on its merits".
Now bare with me for a moment...When filing I-140, one of the condition USCIS check is that the petitioner can pay the applicant. However, according to the memo, if 180 days have passed AND the I-140 is still pending AND "suddenly" the petitioner CANNOT pay the applicant APPROVE the I-140!!! Am I misinterpreting something? Thanks again.
Fittan
Fittan, my suggestion is that you better talk to a lawyer because this puzzle is worthy of a professional input. And make sure you hire one of the best lawyers in the country because a lot of them out there dont keep themselves up to date with memos and regulation changes.
Hermione...what you pointed out is very interesting. In fact, after reading it multiple times, I still still confused :confused: This is in reference to Dec 05 Yates Memo question 1. As you pointed, one of the sentence in the answer is "If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on its merits".
Now bare with me for a moment...When filing I-140, one of the condition USCIS check is that the petitioner can pay the applicant. However, according to the memo, if 180 days have passed AND the I-140 is still pending AND "suddenly" the petitioner CANNOT pay the applicant APPROVE the I-140!!! Am I misinterpreting something? Thanks again.
Fittan
Fittan, my suggestion is that you better talk to a lawyer because this puzzle is worthy of a professional input. And make sure you hire one of the best lawyers in the country because a lot of them out there dont keep themselves up to date with memos and regulation changes.
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aps
05-05 12:28 AM
It took more than 5 months for me - The only way I could get it expedited is by going to the CBP Deferred Inspection center at San Francisco. The legal presence verification is done from that office. I got the card the next day after I visited the center and provided the documents - asking to expedite.
You need to take an infopass appointment. Choose zipcode - 94111 when booking the infopass appointment.
The address is:
444 Washington Street
San Francisco, CA 94111.
When you speak to the officer, just mention that your DL is still pending on immigration verification. They will direct you to the correct department on the 7th floor.
Thank you. what are the required docs for this office.? please update?
You need to take an infopass appointment. Choose zipcode - 94111 when booking the infopass appointment.
The address is:
444 Washington Street
San Francisco, CA 94111.
When you speak to the officer, just mention that your DL is still pending on immigration verification. They will direct you to the correct department on the 7th floor.
Thank you. what are the required docs for this office.? please update?
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chanduv23
07-27 07:10 AM
(1) For now fill out online ar-11 - which is mandatory (to be done within 10 days, I think, of addr change)
(2) There is a USCIS number, which you can call to get your address updated, once you have receipt number
quoting from USCIS site:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Regardless of whether or not you are a U.S. citizen, if you choose not to use the electronic change of address notification, you will need to call customer service at 1-800-375-5283 to request that the address on your pending application/petition be changed. If you are not a U.S. citizen, you will also need to complete a paper Form AR-11.
Cheers
Thanks for the info - I maybe changing address soon.
(2) There is a USCIS number, which you can call to get your address updated, once you have receipt number
quoting from USCIS site:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
Regardless of whether or not you are a U.S. citizen, if you choose not to use the electronic change of address notification, you will need to call customer service at 1-800-375-5283 to request that the address on your pending application/petition be changed. If you are not a U.S. citizen, you will also need to complete a paper Form AR-11.
Cheers
Thanks for the info - I maybe changing address soon.
diptam
08-24 09:48 AM
ukgc,
There is no way your spouse can apply AOS/GC without your (Primary) PD being current. Dec 2002 may turn out to be Current in OCT bulletin. Talk to your lawyer and keep all of your spouse's paperwork ready so that if it gets current you can apply right on Oct 1st.
The reason for you to hurry is that you have to apply within "6 months of your GC approval " - that's the general rule but talk to your lawyer in case you are passing 6 months in Oct 1st itself - lawyers may know some workaround/legible excuse if you are narrowly missing 6 month deadline !!
You know what i mean - Good Luck !
Thank you for your replies.
My PD is Dec 2002, I guess this means that I have to wait for the Oct bulletin to come out and hope that it becomes current for me to apply on his behalf?
Also, I'm also assuming I apply at the US consulate in London where we live - my question is - I don't have either alien registration card nor I-551 which this article says that I need when submitting I-824 since I have not gone to the States yet. Do I need to go there first in order to apply for him???
I seems like Follow to join is more commonly used for people who are adjusting their status in the US and are already separated from their spouse, child, etc. I'm just really hoping that it also applies to consular cases, any idea about the time limit of being eligible to apply? Is it 6 months from the issuance of visa?
I would appreciate any input you can provide.
There is no way your spouse can apply AOS/GC without your (Primary) PD being current. Dec 2002 may turn out to be Current in OCT bulletin. Talk to your lawyer and keep all of your spouse's paperwork ready so that if it gets current you can apply right on Oct 1st.
The reason for you to hurry is that you have to apply within "6 months of your GC approval " - that's the general rule but talk to your lawyer in case you are passing 6 months in Oct 1st itself - lawyers may know some workaround/legible excuse if you are narrowly missing 6 month deadline !!
You know what i mean - Good Luck !
Thank you for your replies.
My PD is Dec 2002, I guess this means that I have to wait for the Oct bulletin to come out and hope that it becomes current for me to apply on his behalf?
Also, I'm also assuming I apply at the US consulate in London where we live - my question is - I don't have either alien registration card nor I-551 which this article says that I need when submitting I-824 since I have not gone to the States yet. Do I need to go there first in order to apply for him???
I seems like Follow to join is more commonly used for people who are adjusting their status in the US and are already separated from their spouse, child, etc. I'm just really hoping that it also applies to consular cases, any idea about the time limit of being eligible to apply? Is it 6 months from the issuance of visa?
I would appreciate any input you can provide.
more...
immigal
01-22 10:51 AM
Here is what is the actual problem.
I work at company X at an hourly rate of $44.54 as per my LCA.
Now the client for whom I worked through Company X has offered me employment at an annual salary of around 88K which translated to hourly rate is $42.00. They also offer 35 days of yearly leave which is accounted into this 88K/hourly rate. They also have yearly bonus which I am not accounting for in this discussion.
My lawyer says that joining the client will be a problem with AC21 as the hourly rate is lower than the LCA rate.
However I think the original LCA rate did not take into account the standard leaves, vacation into account and the new company does.
Is there any way to get around this problem?
Has anyone faced similar problem with the compensation package?
I would like to join the client as the deal works better for me than Company X.
Tt may create a problem. Remember USCIS looks into pay stubs and if that is less than LC then they have every right to create an issue. BTW, why you want to switch to less salary???
I work at company X at an hourly rate of $44.54 as per my LCA.
Now the client for whom I worked through Company X has offered me employment at an annual salary of around 88K which translated to hourly rate is $42.00. They also offer 35 days of yearly leave which is accounted into this 88K/hourly rate. They also have yearly bonus which I am not accounting for in this discussion.
My lawyer says that joining the client will be a problem with AC21 as the hourly rate is lower than the LCA rate.
However I think the original LCA rate did not take into account the standard leaves, vacation into account and the new company does.
Is there any way to get around this problem?
Has anyone faced similar problem with the compensation package?
I would like to join the client as the deal works better for me than Company X.
Tt may create a problem. Remember USCIS looks into pay stubs and if that is less than LC then they have every right to create an issue. BTW, why you want to switch to less salary???
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wandmaker
08-14 06:28 PM
Received the Cards - My case details and email sequence updated at - http://immigrationvoice.org/forum/showthread.php?t=20706
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stupendousman11
09-05 10:47 AM
I read somewhere in this forum that it is preferable/recommended to stay with the company for around 6mths before you move. This is not required by law but helps erase any doubts in the mind of IO (when you go for citizenship) that you might have joined the company just to get GC.
Again, the above is based on what I have read and not a legal opinion.
Again, the above is based on what I have read and not a legal opinion.
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chanduv23
01-07 01:05 PM
Even though people talking about freedom after 180 days...I do not except many people will start using AC21. I wanted to use H1 as long as I can. May be we should start sticky poll to see how many people are started using EAD.
Not many employers willing to hire people with less than one year EADs.
You are right. I have not thought of using AC21 even though I am with a desi employer. But I will do it if I see a need to do it.
Add a poll and lets see what people want to do
Not many employers willing to hire people with less than one year EADs.
You are right. I have not thought of using AC21 even though I am with a desi employer. But I will do it if I see a need to do it.
Add a poll and lets see what people want to do
more...
austingc
05-13 04:51 PM
My earlier H1 visa lapsed on 30-Sep-2009 and H1 extension is granted only from 01/13/2010, which means, i don't have any extension/visa approval for the period from 01-Oct-2009 to 12-Jan-2010 on paper. Is this a reason to worry? Will i be considered as "out of status" for these 3.5 months? Will this be a problem when i go to India for stamping? Will this be a problem when green card processing happens in the future?
Note:
1) The extension was applied before 30-Sep-2009
2) A correction was filed by my employer to make this change in my extension period, but USCIS replied back saying that
"Dear Petitioner:
The following is provided in response to your inquiry sent to the xxxxxxx Service Center on April 19, 2010.Your case has been reviewed and it was determined that the final decision rendered on your case was accurate.No correction wil be made because the start date on the petition was given from January 13, 2010, due to change of employment condition within the same company: xxxxxxxx"
Questions for you.
1. Did the extension receipt say received before Sep 30, 2009?
2. Did your company incorrectly write the H1B start date?
3. When did you get your approval?
It looks like this is an error with USCIS to me. The reason being, USCIS had approved your H1B extension along with new I-94. So basically you were out of status when they approved your H1B extension. If that was the case then they would have denied your I-94.
Note:
1) The extension was applied before 30-Sep-2009
2) A correction was filed by my employer to make this change in my extension period, but USCIS replied back saying that
"Dear Petitioner:
The following is provided in response to your inquiry sent to the xxxxxxx Service Center on April 19, 2010.Your case has been reviewed and it was determined that the final decision rendered on your case was accurate.No correction wil be made because the start date on the petition was given from January 13, 2010, due to change of employment condition within the same company: xxxxxxxx"
Questions for you.
1. Did the extension receipt say received before Sep 30, 2009?
2. Did your company incorrectly write the H1B start date?
3. When did you get your approval?
It looks like this is an error with USCIS to me. The reason being, USCIS had approved your H1B extension along with new I-94. So basically you were out of status when they approved your H1B extension. If that was the case then they would have denied your I-94.
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newbee7
07-12 09:47 AM
http://www.immigration-law.com/
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess!
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess!
more...
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robertkennedy44
03-23 12:13 PM
I think the problem is not consulting a good attorney before you go for a fiance visa -- the horror stories cited might have been prevented with more preparation.
Expensive up front, but valuable in the end.
Thanks!
Bobby
Expensive up front, but valuable in the end.
Thanks!
Bobby
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copsmart
02-22 08:13 PM
The problem starts only when the employer wanted to screw you and voluntarily send some evidence to USCIS.
That's what the article says...
"The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers."
There is no law in AC21 that talks about hostile environment. As long there was intent to work at the time and during 180 days after I-485 was filed and the person did not move before 180 days , then as of today there is nothing that should prevent the person's AOS to be denied based on hostile environment. Please show me the law where it states that based on hostile environment even if a person leaves after 180 days then his/her AOS can be denied.
That's what the article says...
"The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers."
There is no law in AC21 that talks about hostile environment. As long there was intent to work at the time and during 180 days after I-485 was filed and the person did not move before 180 days , then as of today there is nothing that should prevent the person's AOS to be denied based on hostile environment. Please show me the law where it states that based on hostile environment even if a person leaves after 180 days then his/her AOS can be denied.
more...
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mbawa2574
08-19 10:04 PM
The ideal place for the rally. Either near Wall Street or Times Square
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boppana99
10-11 11:15 AM
Hi,
I reside in St.louis and would like to join the MO state chapter. How do I do that. Do I need to send an email?
Please let me know.
Thanks,
I reside in St.louis and would like to join the MO state chapter. How do I do that. Do I need to send an email?
Please let me know.
Thanks,
more...
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gcdreamer05
12-29 11:07 AM
Texas service center
Nov 7 - Posted it via USPS (paper based filing).
Nov 11 - check credited (saw in bank a/c and got the receipt at back of the e-check)
Nov 17 - receipt notice received
Nov 18 - Soft LUD
Nov 21 - Approved (online status changed)
Nov 26 - Got the approved 2 AP copies in my postal box (wow usps is fast too).
I cannot believe it took just 11 days for it to approve.
Wow !!!!!! Go uscis go !!!!!! approve my GC too plz... :)
The lawyer asked 300$ to file this, i told get lost and did it myself, glad i saved 300 bucks.
You need any other info :)
Nov 7 - Posted it via USPS (paper based filing).
Nov 11 - check credited (saw in bank a/c and got the receipt at back of the e-check)
Nov 17 - receipt notice received
Nov 18 - Soft LUD
Nov 21 - Approved (online status changed)
Nov 26 - Got the approved 2 AP copies in my postal box (wow usps is fast too).
I cannot believe it took just 11 days for it to approve.
Wow !!!!!! Go uscis go !!!!!! approve my GC too plz... :)
The lawyer asked 300$ to file this, i told get lost and did it myself, glad i saved 300 bucks.
You need any other info :)
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alterego
04-06 11:55 AM
Congratulations on your green card. Quite a journey!
Enjoy the liberty and freedom this brings to you.
I hope we can continue to have your support in whatever small way you can throw you weight to this just cause. Even if it is something as small as a letter writing campaign in the future, it would be helpful.
Now to a point I found out while looking at a link I found in this thread.
The cynicism and stupidity of some of the people who post their details on the tracker is remarkably astonishing.
For example, people posting country of chargability as the USA.
Poeple posting their 485 approval date at yr 2019. So many of these errors.
Shocking that there are people whose sole purpose is to sabotage the validity of information that helps everyone. This is meant to atleast help people caught up in this mess and to see trends and perhaps make their own judgements and plans on their own cases.
This is clearly a public forum and people can do as they please, however people indulging in this and they know who they are, ought to be ashamed about this reprehensible behavior.
Enjoy the liberty and freedom this brings to you.
I hope we can continue to have your support in whatever small way you can throw you weight to this just cause. Even if it is something as small as a letter writing campaign in the future, it would be helpful.
Now to a point I found out while looking at a link I found in this thread.
The cynicism and stupidity of some of the people who post their details on the tracker is remarkably astonishing.
For example, people posting country of chargability as the USA.
Poeple posting their 485 approval date at yr 2019. So many of these errors.
Shocking that there are people whose sole purpose is to sabotage the validity of information that helps everyone. This is meant to atleast help people caught up in this mess and to see trends and perhaps make their own judgements and plans on their own cases.
This is clearly a public forum and people can do as they please, however people indulging in this and they know who they are, ought to be ashamed about this reprehensible behavior.
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syendu1
06-16 04:01 PM
My wife is currently on H4.
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
I am almost in the same situation too but I think you can use both, right?? I did not think, you have to make a choice!!
She has a H1b approved for 3 years to start working on October 1, 2007.
Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.
She has a job and the company would like her join asap.
Questions are:
1. Will her EAD (I-485 pending) cancel her H1B approval for the company?
2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?
We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.
Please advise folks.
I am almost in the same situation too but I think you can use both, right?? I did not think, you have to make a choice!!
vin13
02-17 02:43 PM
It took us more than 3 months to get AP approval.
Take a Infopass appointment. They should be able to help you determine the status of your case.
Take a Infopass appointment. They should be able to help you determine the status of your case.
krishnam70
05-06 01:47 PM
In H1B transfer case, the general rule is that, one can start working with the receipt notice. No need to wait for approval notice. However, one must verify that what is the employment period (start and end date of work) that the employer originally requested in LCA as well as in H1B petition. Perhaps your second employer mentioned that the start date of employment as Feb 14, 2005 in LCA or H1B petition. Check that. If that is the case, you were doing unauthorized employment between dec and feb. In this case, you still be covered under 245k (less than 180 days of unauthorized work). If not, then, it may be a mistake/oversight of USCIS in failure to grant requested period of employment. Then you can very well explain to USCIS about the fact.
with your case. Check with your employer about the start date requested on the LCA and prepare your documentation accordingly
- cheers
kris
with your case. Check with your employer about the start date requested on the LCA and prepare your documentation accordingly
- cheers
kris
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