alex99
09-14 06:26 PM
help?
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jsb
11-27 04:31 PM
Thank you wandmaker. This helps.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
anilsal
12-09 01:36 PM
Over the last few years, lots of people get GCs quickly while people who applied earlier do not. There is no real queuing semantics applied.
I am sure the NC process is the same. All luck!!!!
I am sure the NC process is the same. All luck!!!!
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franklin
08-28 08:31 PM
what to do after attending the rally?:D
Along with all the others who couldn't be bothered to come to the rally, you will shower those that made the effort with extraordinary amounts of praise and adoration for making a personal sacrifice to change other people's lives :D
...and then wait...
Along with all the others who couldn't be bothered to come to the rally, you will shower those that made the effort with extraordinary amounts of praise and adoration for making a personal sacrifice to change other people's lives :D
...and then wait...
more...
whitecollarslave
01-17 10:30 PM
I received a copy of I 485 Receipt Notice from my lawyer today. The priority date is empty in the receipt notice. Is this normal?
Blog Feeds
07-08 11:30 AM
Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status. The actual conditional residence card will have a two year validity date. Individuals who obtained their resident status based on a marriage less than two years are required to file Form I-751 Petition to Remove Conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the conditional resident status becomes permanent.
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
more...
EB3_SEP04
08-18 10:29 PM
how we applied for expedite advance parole thru the phone - VisaJourney.com (http://www.visajourney.com/forums/index.php?showtopic=177190)
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.
File at : Texas Service Center
Method: Paper based
Filed on : 7/24/09
Received by USCIS : 7/27/09
Receipt notice date: 7/28/09
Called USCIS to expedite: 8/10/09
Approval email : 8/11/09
Received approved AP by mail : 8/14/09
-Basically have all info ready (ap receipt notice #, A#, 485 receipt notice #, SSN, date of birth, email address etc).
- If this is your wife's case, have her in the conference as USCIS will not talk to you without her permission.
-Call the ph # on the receipt notice and follow the prompts
-Let the CS rep complete his/her script, and politely answer his/her questions.
-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).
-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.
*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.
Hope this helps anyone looking to expedite AP.
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meridiani.planum
07-07 11:43 PM
I'm from Bangldesh
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
more...
mp70
07-01 03:41 AM
We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
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CRAZYMONK
04-26 08:41 AM
When you applied for the second time in New Delhi, did they hold your passport?
more...
Karthikthiru
06-19 03:19 PM
Hi,
I am also in the same scenario. Filing I-140 and I-485 concurrently. My company's immigration attorney said that while filing for I-140 and I-485 concurrently, we can have the I-140 done in premium processing. And that is how they are filing for me now
Karthik
I am also in the same scenario. Filing I-140 and I-485 concurrently. My company's immigration attorney said that while filing for I-140 and I-485 concurrently, we can have the I-140 done in premium processing. And that is how they are filing for me now
Karthik
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crazyghoda
02-13 03:08 PM
I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.
Has anyone else noticed something similar when you started with a new employer using eVerify?
Has anyone else noticed something similar when you started with a new employer using eVerify?
more...
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x1050us
06-25 09:33 PM
Shouldn't the whole decision be given in 15 calender days ? My 7th year H1 ext was filed 11 days ago. No clue of a receipt number yet.
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ranand00
09-01 08:41 PM
Hi I am a Physical therapist on H4.
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
more...
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solaris27
01-30 08:42 AM
You can work on H1B visa till you get FINAL approval or denial.
Whats your attorney openion?
Whats your attorney openion?
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sundarpn
10-25 09:15 AM
I think it can be. When starting the employment based GC process, one of the question asked was ... has any family member ever applied for your immigration petition in the past. Just an educated guess... check with an attorney
more...
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thomachan72
05-21 01:33 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
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WeShallOvercome
08-22 04:43 PM
It is a case to sign in native language...
Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...
Enjoy
Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...
Enjoy
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vin33t
01-26 08:12 PM
After i left my employer, I filed a B2 visa application on 6th Oct 2010. I got RFE on 5th Jan 2011, which has to be replied till 7th Feb 2011.
RFE has following
1. reason : I will be providing vacation n wrap-up.
2. passport details : i have it
3. date for extension : ? question how much should i ask for in accordance with my reason, so the visa would not get denied, if i say 6 months will it start from the date of application i.e 6th Oct 2010. ? I was thinking 6 months is ok for me and should be approved.
4. financial ability : ? question. in rfe they are asking me to prove financial ability for extension. they say documents can be bank statements, sponsor support letter with this documents and I-134 affidavit of support. however as i do not have any sponsor and i am filing a COS, i was thinking to provide a good letter stating i will be self sponsoring, saying i need some time for a small vacation in usa and to wrap up things. i have increased my bank balance to 20,000 this month, i will show the statement with this amount. Do i really need some one's sponsorship or i can just provide my own self sponsor letter and my bank balance.
5 Question : If i leave to india lets say before the RFE is submitted, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
6. Question : if i leave to india before decision of b2 but after submitting RFE, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
7. Will this denial of b2 visa cause me any problems for coming back in USA later on if i leave to india before b2 decision.
8. What is the best thing to do, wait for b2 result, or i can leave when ever i want to, if i get a job and before b2 result some employer does h1 to h1 transfer and i submit a letter to USCIS saying vacation n wrap up things , how it will affect me.
RFE has following
1. reason : I will be providing vacation n wrap-up.
2. passport details : i have it
3. date for extension : ? question how much should i ask for in accordance with my reason, so the visa would not get denied, if i say 6 months will it start from the date of application i.e 6th Oct 2010. ? I was thinking 6 months is ok for me and should be approved.
4. financial ability : ? question. in rfe they are asking me to prove financial ability for extension. they say documents can be bank statements, sponsor support letter with this documents and I-134 affidavit of support. however as i do not have any sponsor and i am filing a COS, i was thinking to provide a good letter stating i will be self sponsoring, saying i need some time for a small vacation in usa and to wrap up things. i have increased my bank balance to 20,000 this month, i will show the statement with this amount. Do i really need some one's sponsorship or i can just provide my own self sponsor letter and my bank balance.
5 Question : If i leave to india lets say before the RFE is submitted, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
6. Question : if i leave to india before decision of b2 but after submitting RFE, then will this b2 application becomes invalid ? or it will continue . If it becomes invalid will my stay from the date of b2 application till application becomes invalid count as out of status ?
7. Will this denial of b2 visa cause me any problems for coming back in USA later on if i leave to india before b2 decision.
8. What is the best thing to do, wait for b2 result, or i can leave when ever i want to, if i get a job and before b2 result some employer does h1 to h1 transfer and i submit a letter to USCIS saying vacation n wrap up things , how it will affect me.
kuhelica2000
05-27 09:25 PM
I am stuck in PBEC. Please let me know if you need any information.
grcjso
12-27 12:00 AM
Here is my story -
- I came here in 1998 on F1
- Transferred to H1-B in 2002
- Filed for Labor Cert in 2005 (EB3) in Nevada
- I-140 approved in 2008
- I-485 pending for more then 180 days as of 2008
- EAD valid through 7/10/2009
- Got laid of in Feb 2009
- I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA
I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.
- what documentation is required to be submitted to the USCIS about the new job.
- What kind of documentation is required from the employer vs myself
- When/how soon has this documentation is to be submitted
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
- Is it advisable to employ the services of an attorney if we run into issues.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Any advice would be greatly appreciated.
-grcjso
- I came here in 1998 on F1
- Transferred to H1-B in 2002
- Filed for Labor Cert in 2005 (EB3) in Nevada
- I-140 approved in 2008
- I-485 pending for more then 180 days as of 2008
- EAD valid through 7/10/2009
- Got laid of in Feb 2009
- I got a job as an associate, a consultancy firm on W2 basis on Nov 17th, 2009 in WA
I have not done anything (i.e.informing the USCIS about job change etc.). I have the following questions.
- what documentation is required to be submitted to the USCIS about the new job.
- What kind of documentation is required from the employer vs myself
- When/how soon has this documentation is to be submitted
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
- Is it advisable to employ the services of an attorney if we run into issues.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Any advice would be greatly appreciated.
-grcjso