jsb
08-15 02:14 PM
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
This is possible, if LC of your buddy was approved within months. In 2005 most categories were Current, so he/she filed I-140 and I-485 in 2005, which concluded with a GC now.
md2003
04-05 08:36 AM
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
H1InTrouble
09-21 09:31 AM
Hi
Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.
If my end client says No then my new employer will also probably back out because of lack of project.
Regards
H1InTrouble.
Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.
If my end client says No then my new employer will also probably back out because of lack of project.
Regards
H1InTrouble.
peer123
04-04 04:20 PM
1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
Thanks for your input, If other who have done it earlier and gotten their 485 approved please advise...
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
Thanks for your input, If other who have done it earlier and gotten their 485 approved please advise...
more...
mali03
05-26 11:42 AM
Thanks Immigration Voice Team for all ur hardwork and dedication. You guys rock, man. Appreciate QGA for working with us and hope they keep up the same spirit till this bill passes into law ;)
Thanks to IV core members, QGA, senators and their staff.
Kudos to Immigration Voice!
Thanks to IV core members, QGA, senators and their staff.
Kudos to Immigration Voice!
jai_immigration
04-30 03:51 PM
I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
more...
Appu
07-09 02:38 PM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
ps57002
09-15 09:53 PM
both employer and lawyer know in my case...it's not a problem. My supervisor supported me on it...
more...
inskrish
08-01 12:04 AM
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
Pappu,
Just wanted to clarify, is it 'Leaving' or 'Leading'?
Thanks Coopheal for leaving the IV wiki effort.
Pappu,
Just wanted to clarify, is it 'Leaving' or 'Leading'?
sash
06-19 09:48 PM
I am not sure I understand your comments. Can you elaborate on the risks and required travel documents?
more...
mhathi
08-22 11:04 AM
Did you efile or paper-file? Most of the E-filed applications are taking ~90 days to get to Card Production Ordered (CPO) status. Mine took exactly ninety days.
GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
more...
ys2jax
07-11 02:21 PM
open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
what options did you choose while selecting infopass appt
-----------------------
the first screen gives 5 options
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form.
---------------------------------
I selected #1 and it give 4 more options but I am not sure which one to select for FP
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
can you throw some light. Thanks
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
what options did you choose while selecting infopass appt
-----------------------
the first screen gives 5 options
1. You need Service on a case that has already been filed
2. You are a new Permanent Resident and have not yet received your permanent Resident Card
3. You want to file an application in person
4. You need information or other services
5. You need a form.
---------------------------------
I selected #1 and it give 4 more options but I am not sure which one to select for FP
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
can you throw some light. Thanks
senthil1
06-17 11:01 AM
Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
more...
h4visa
07-27 01:46 PM
After EAD is approved, H4 can work anywhere in any job.
Thanks much Jasmin.
Thanks much Jasmin.
memyselfandus
09-25 11:09 AM
can IV focus on this...instead of the recapture?
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
more...
AB1275
12-16 11:36 AM
My lawyer has submitted the advertisement to TWC for EB2 and EB3 category to weigh the options. She says it takes 5-10 business days for a response.....Is this true?
She suggested that if we take the route of EB2 for the second time, the scrutiny will be more intense and hence my W-2 of 2008 should also show the wages per the payscale even though my new filing will start in 2009. Is this true?
Kindly help!
She suggested that if we take the route of EB2 for the second time, the scrutiny will be more intense and hence my W-2 of 2008 should also show the wages per the payscale even though my new filing will start in 2009. Is this true?
Kindly help!
fromnaija
07-20 04:46 PM
For I-485 AOS purpose, date of last entry into the US is used as basis of determining legal status. That is the law. Fair or not, it's not my call
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
gsc999
01-21 01:36 AM
Thanks everyone who showed up. We actually did better than we had expected.
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
---
Update: We have 10 more. That takes the total to 65.
Cheers!
A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.
Go NORCAL, go IV!
---
Update: We have 10 more. That takes the total to 65.
Cheers!
GCSOON-Ihope
11-05 10:35 PM
When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
Your new H1 will be exempted from the quota, hence called "non-cap".
Your new H1 will be exempted from the quota, hence called "non-cap".
surachi
01-16 04:00 PM
Any updates on this issue?
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
