fall1998
05-18 09:47 AM
Thanks for your response!
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hsd31
01-07 01:34 PM
Few months ago, my company filed for my 7th year extension and USCIS approved the extension for only 8 months instead of 1 year (my I-140 hadn't been approved yet). My lawyers contacted USCIS for clarification and we finally heard back from them. They say that the approval of 8 months is correct and gave no explanation for why it was not for 1 year (which I would have qualified for since my LC was approved when the extension was filed).
Has anyone else experienced a similar thing?
Has anyone else experienced a similar thing?
nixstor
09-07 10:04 PM
3/4th of U S A sleeping :)
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iv_india
07-22 04:30 PM
Hi All, My question is similar to this question as asked by MSS (Do I need an AC21 filing?). But it's diff in few ways. Here are the details of my case:
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
more...
uimv
12-12 09:00 AM
Hello,
After getting Employment based Green Card in EB3 or EB2 category:
1. When is the LATEST you should start working for sponsoring employer ?
(e.g. If card received on 3rd of the month, do you HAVE TO start same month or can wait for a month or so ?)
2. If salary, after GC, is lesser than mentioned during Labor stage, what problems will it cause for:
- GC renewal ?
- US citizenship ?
- OTHER problems (GC Cancelation, Deportation...)
3. What if, after GC, sponsoring employer gives termination letter with:
- NO reason ?
- reason stating bad economy ?
Please tell, for each case, what problems will it cause for:
- GC renewal
- US citizenship
- OTHER problems (GC Cancelation, Deportation...)
Thank You.
After getting Employment based Green Card in EB3 or EB2 category:
1. When is the LATEST you should start working for sponsoring employer ?
(e.g. If card received on 3rd of the month, do you HAVE TO start same month or can wait for a month or so ?)
2. If salary, after GC, is lesser than mentioned during Labor stage, what problems will it cause for:
- GC renewal ?
- US citizenship ?
- OTHER problems (GC Cancelation, Deportation...)
3. What if, after GC, sponsoring employer gives termination letter with:
- NO reason ?
- reason stating bad economy ?
Please tell, for each case, what problems will it cause for:
- GC renewal
- US citizenship
- OTHER problems (GC Cancelation, Deportation...)
Thank You.
sac-r-ten
07-07 11:55 AM
I tried to find answers in other forums but didn't find any.
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
I would appreciate if any attorneys/knowledge people can help me with this
Doing a AR11/Change of address, do I include all these as additional applications
1. MTR number
2. Appeal number
3. Original 485 (denied) for primary applicant
4. Original 485 (denied) for spouse
5. Denied 140 number
or just these
1. MTR number
2. Appeal number
Also, i have a pending date-error request with my H1B and H4 extensions, do i include the H1B and H4 numbers as well.
This is getting complicated and i have just 2 more days before the 10days rule for filing AR11.
Anybody who had a pending appeal during a change of address, please reply.
thanks in appreciation
more...
nath.exists
06-08 03:42 PM
Hi, Thanks for the support i was wondering if anybody in this forum has gone through similar situation.Thanks.
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obviously
06-29 12:36 PM
What does this topic have to do with the interests of this community? It would be helpful to stay focussed and on point, failing which folks might stop coming here due to the level of noise and distraction in the forums.
Admins - please consider.
Thanks, O
P.S. Choose to flame me in response, it will be duly and dutifuly ignored :)
Admins - please consider.
Thanks, O
P.S. Choose to flame me in response, it will be duly and dutifuly ignored :)
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greenguru
06-16 04:29 PM
Congratulations !
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desi3933
04-08 07:25 AM
.....
What is my status from Jun 14th to June 25th ? Am I in status because I have a I94 valid till June 24th or will I be out of status for those 10 days ?
Can I work and have my payroll run for hose 10 days (June 15th to June 24th).....
Many times I-94 is issued for I-797 end date + 10 calendar days. These 10 additional days are given person can wrap up things, but he/she is not allowed to work for these 10 days. That's reason for I-94 date of June 24th, even though I-797 authorization ends on June 14th.
Your attorney should have asked for extension starting with June 15th, since old I-797 work authorization expires on June 14th, 2010.
Now, you are in status, but can not work from June 15th until June 24th. That could be leave without any pay.
__________________
Not a legal advice.
What is my status from Jun 14th to June 25th ? Am I in status because I have a I94 valid till June 24th or will I be out of status for those 10 days ?
Can I work and have my payroll run for hose 10 days (June 15th to June 24th).....
Many times I-94 is issued for I-797 end date + 10 calendar days. These 10 additional days are given person can wrap up things, but he/she is not allowed to work for these 10 days. That's reason for I-94 date of June 24th, even though I-797 authorization ends on June 14th.
Your attorney should have asked for extension starting with June 15th, since old I-797 work authorization expires on June 14th, 2010.
Now, you are in status, but can not work from June 15th until June 24th. That could be leave without any pay.
__________________
Not a legal advice.
more...
SandeR2
03-17 06:55 AM
then I'll only enter the Bobblehead as an entry :)
thanks for the feedback
thanks for the feedback
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singhsa3
04-24 08:34 AM
What was your I-485 receipt date (Note: I am not asking for your PD)
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
Guys,
I don't know if here is right place to post this or not. I responded to RFE about 30 days ago and got an email update that TSC has got my response and the case processing is resumed. That was 485 and TB skin test that I had to do again.
Anyone has any idea what is normal time after response to RFE? I am EB3 with PD of Oct, 2003.
Do you recemmend me to call service center or go for infopass?
Thanks.
more...
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Blog Feeds
12-22 02:30 PM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Effective January 4, 2010, the U.S. Department of Health and Human Services, Center for Disease Control and Prevention (HHS/CDC) is removing HIV from the list of communicable diseases of public health significance and references to HIV from the scope of medical examinations for foreign nationals.
Until the rule goes into effect, non-citizens who are HIV-positive cannot be admitted into the U.S. unless the U.S. Department of Homeland Security (DHS) grants a waiver. Once the rule goes into effect on January 4, 2010, HIV infection will no longer be defined as a communicable disease of public health significance, immigrant visa applicants who are required to undergo a medical screening exam will no longer be tested for HIV, a waiver for entry into the U.S. will no longer be necessary, and HIV-positive visa applicants will not be found ineligible for visas under Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (INA). Although foreign nationals with HIV who apply for visas will no longer be ineligible under INA Section 212(a)(1)(A)(i), they still must overcome the public charge under INA Section 212(a)(4) by demonstrating to the consular officers that they will have the means of support in the U.S. and that they will not need to seek public financial assistance. Please visit CDC’s Web site (http://www.cdc.gov/ncidod/dq/laws_regs/fed_reg/remove-hiv/final-rule-hiv.htm) for more information.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/rule-change-on-cdc-list-of-communicable-diseases-of-public-health-significance.php)
Effective January 4, 2010, the U.S. Department of Health and Human Services, Center for Disease Control and Prevention (HHS/CDC) is removing HIV from the list of communicable diseases of public health significance and references to HIV from the scope of medical examinations for foreign nationals.
Until the rule goes into effect, non-citizens who are HIV-positive cannot be admitted into the U.S. unless the U.S. Department of Homeland Security (DHS) grants a waiver. Once the rule goes into effect on January 4, 2010, HIV infection will no longer be defined as a communicable disease of public health significance, immigrant visa applicants who are required to undergo a medical screening exam will no longer be tested for HIV, a waiver for entry into the U.S. will no longer be necessary, and HIV-positive visa applicants will not be found ineligible for visas under Section 212(a)(1)(A)(i) of the Immigration and Nationality Act (INA). Although foreign nationals with HIV who apply for visas will no longer be ineligible under INA Section 212(a)(1)(A)(i), they still must overcome the public charge under INA Section 212(a)(4) by demonstrating to the consular officers that they will have the means of support in the U.S. and that they will not need to seek public financial assistance. Please visit CDC’s Web site (http://www.cdc.gov/ncidod/dq/laws_regs/fed_reg/remove-hiv/final-rule-hiv.htm) for more information.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/rule-change-on-cdc-list-of-communicable-diseases-of-public-health-significance.php)
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RNGC
10-01 09:04 PM
Applied for AP/EAD/485 in July 07.....I know that I can invoke AC21 after 180 days and change jobs.....My question is ,
1. If I travel to India before the 180 days and use the AP when I return, is it like invoking AC21 before 180 days ?
2. what are the consequences of using AP within 180 days after filing for 485 ?
3. Is AP and AC21 related ? [brother, sister , cousin :) ]
Thanks.
1. If I travel to India before the 180 days and use the AP when I return, is it like invoking AC21 before 180 days ?
2. what are the consequences of using AP within 180 days after filing for 485 ?
3. Is AP and AC21 related ? [brother, sister , cousin :) ]
Thanks.
more...
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ilwaiting
06-14 01:13 PM
simple process. planning to do it myself. just make sure you have the right documents.
I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we?
I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we?
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seekerofpeace
08-13 05:25 PM
Every agent tells a new thing. But the fact remains that I-140 needs to be approved before 485 is adjudicated.
Also you are not current yet...you will be (if things don't change in between) on Sept 1.
I don't know what final stage mean...I have been told the same thing by my congressman rep a year and half back.....doesn't mean anything...
Just wait and wait...
SoP
Also you are not current yet...you will be (if things don't change in between) on Sept 1.
I don't know what final stage mean...I have been told the same thing by my congressman rep a year and half back.....doesn't mean anything...
Just wait and wait...
SoP
more...
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chi_shark
11-13 05:49 PM
sounds like you have already sent a response to the RFE and you want to follow on... yes... go ahead and do it... its not like they are waiting for you to make a mistake and then they will close your file.. for the most part, USCIS is a friend... so dont worry and send in your follow on document asap. make sure you dont repeat your earlier documents. just send in the new one and refer to your earlier RFE response clearly saying that an additional document has now become available...
my 2 cents.
My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?
PD: MAY-2002 - EB3
Regards
Devan
my 2 cents.
My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?
PD: MAY-2002 - EB3
Regards
Devan
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coolyaar
01-12 11:33 PM
Hi,
Thanks for the reply. Will there be any issue if I dont have the paystubs
between (13-Jan-07 and 04-Mar-07 ) and between (26-May-07 and
15-Jul-07).
Thanks.
Thanks for the reply. Will there be any issue if I dont have the paystubs
between (13-Jan-07 and 04-Mar-07 ) and between (26-May-07 and
15-Jul-07).
Thanks.
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austingc
05-07 10:54 AM
Q10 - Alien Registration Number (A-Number) or I-94 Number (if any)
Q12 - Provide your last date of entry
Q13 - Provide your last place of entry
It is not necessary that one should remain in the US to apply for EAD renewal.
Thanks wandmaker.
Q12 - Provide your last date of entry
Q13 - Provide your last place of entry
It is not necessary that one should remain in the US to apply for EAD renewal.
Thanks wandmaker.
gvenkat
01-11 01:50 PM
Hi Guys,
Just some few questions. Me and my wife are in separate H1 visas. I got my 140 and 485 applied thro my compnay and my wife has gotten her EAD and AP. She is thinking of switching jobs now with her EAD. I understand that her H1 status expires if she does that.
Here is my predicament. I know it's far fetched. but wanted to throw it out to get some opinions.
say my wife quits her current job and takes up another position with her EAD and then 6 months down the road i dont get my 140 approved and i'm fired. Here are the list of questions i have
1) the EAD expires october so we have to file the ead around june to get it renewed, will it be valid for the time period it is specified even though i dont have my original job? (i'm planning to apply for my EAD now). i'm hoping i dont get fired by then..
2) Can we invoke AC21 in this situation? will it work?
3) is it too risky to change now or wait till the 140 approved?
4) can the compnay revoke the 140 after 180 days whether it is approved or not? i'm prety positive that they wont..but u never know...
if she dont change her job the whole premise of having the EAD is a joke. she still have to slug it out with her consultant. I know it's all just hypothetical but any suggestions/comments would be appreciated. please throw your thoughts in.
Thanks
Just some few questions. Me and my wife are in separate H1 visas. I got my 140 and 485 applied thro my compnay and my wife has gotten her EAD and AP. She is thinking of switching jobs now with her EAD. I understand that her H1 status expires if she does that.
Here is my predicament. I know it's far fetched. but wanted to throw it out to get some opinions.
say my wife quits her current job and takes up another position with her EAD and then 6 months down the road i dont get my 140 approved and i'm fired. Here are the list of questions i have
1) the EAD expires october so we have to file the ead around june to get it renewed, will it be valid for the time period it is specified even though i dont have my original job? (i'm planning to apply for my EAD now). i'm hoping i dont get fired by then..
2) Can we invoke AC21 in this situation? will it work?
3) is it too risky to change now or wait till the 140 approved?
4) can the compnay revoke the 140 after 180 days whether it is approved or not? i'm prety positive that they wont..but u never know...
if she dont change her job the whole premise of having the EAD is a joke. she still have to slug it out with her consultant. I know it's all just hypothetical but any suggestions/comments would be appreciated. please throw your thoughts in.
Thanks
Tommy_S
04-10 02:39 AM
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