s416504
03-18 01:53 PM
You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
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snathan
08-18 05:21 PM
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
Unfortunately there is no direct way to convert. You may try to find new job with EB2 requirement or try in your company itself if the they have any job opening different from your current job (requirement). You need to start from the PERM and use the PD. Thats the only way. I am not sure if you can do this as your's is substitude.
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
Unfortunately there is no direct way to convert. You may try to find new job with EB2 requirement or try in your company itself if the they have any job opening different from your current job (requirement). You need to start from the PERM and use the PD. Thats the only way. I am not sure if you can do this as your's is substitude.
asiandude2
03-06 03:45 PM
sledge_hammer , dpuranik or anyone else
Can you let me know who is your lawyer for GC processing
You can send me a private message if thats better for you.
thx
Can you let me know who is your lawyer for GC processing
You can send me a private message if thats better for you.
thx
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eb3retro
04-10 10:45 AM
wow...New Jersey is really becoming a place for Scumbag employers huh...
more...
psgprasad
03-28 02:08 PM
Dear Michigan Members,
This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin (Michigan) and members of Immigration voice namely
Gajendra Prasad
Stanley Samuel
Manoj kumar
We emphasized the following points
1. We are not talking about H1 increase.
2. Reverse Brain drain impacts.
3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
4. Delays in normal processing.
5. Impact of Backlogs on America competitiveness.
6. Impact of Backlogs on immigrations careers and their contribution to the industry.
7. Details of Presidents State of union Address for legal immigrants.
8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
9. Requests of immigration voice.
We quoted our personal life experience and the hindrances we encounter in our career growth.
I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.
He also suggested, to contact the media, which we are doing and also told,
he was also aware of immigration voice and its good doings.
He also told the Senator voted in favour of CIR 2006.
He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
I will be sending a Thank you letter soon to this Staff.
We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
1. Senator Debie Stabenow - Michigan.
2. Congress Man Mike Rogers - Michigan 8th District.
3. Congress Man Tim Walberg - Michigan 7th District.
Actions Items.
1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
2. Contact Michigan Public Radio for an interview on our issue.
3. Contact Lansing State Journal for an article on our issue.
4. Follow up on other Law makers.
Thanks
Gajendra Prasad Sankaranarayana
This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin (Michigan) and members of Immigration voice namely
Gajendra Prasad
Stanley Samuel
Manoj kumar
We emphasized the following points
1. We are not talking about H1 increase.
2. Reverse Brain drain impacts.
3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
4. Delays in normal processing.
5. Impact of Backlogs on America competitiveness.
6. Impact of Backlogs on immigrations careers and their contribution to the industry.
7. Details of Presidents State of union Address for legal immigrants.
8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
9. Requests of immigration voice.
We quoted our personal life experience and the hindrances we encounter in our career growth.
I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.
He also suggested, to contact the media, which we are doing and also told,
he was also aware of immigration voice and its good doings.
He also told the Senator voted in favour of CIR 2006.
He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
I will be sending a Thank you letter soon to this Staff.
We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
1. Senator Debie Stabenow - Michigan.
2. Congress Man Mike Rogers - Michigan 8th District.
3. Congress Man Tim Walberg - Michigan 7th District.
Actions Items.
1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
2. Contact Michigan Public Radio for an interview on our issue.
3. Contact Lansing State Journal for an article on our issue.
4. Follow up on other Law makers.
Thanks
Gajendra Prasad Sankaranarayana
truthinspector
01-07 11:40 AM
Of Satyam's reported cash and bank balances of 53.61 billion rupees on Sept. 30, 50.4 billion rupees was non-existent, Raju said in the letter sent to the Bombay Stock Exchange.
more...
DallasBlue
07-05 12:19 AM
here you go...
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
Reversal Frustrates
Green-Card Applicants
By MIRIAM JORDAN
July 5, 2007; Page A2
The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.
Write to Miriam Jordan at miriam.jordan@wsj.com
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ivuser
02-16 04:40 PM
CMCN
Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
Content :
Job switch after getting Green Card!?
Question:
My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.
Answer:
The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.
I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.
I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)
So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.
Page URL : http://www.cmcn.ab.ca/gettinggreencard.php
Content :
Job switch after getting Green Card!?
Question:
My question is: Can a person switch the job once (s)he gets his Immigration Stamp? If not then what is the period of time for changing the job after immigration stamp. Note that he is currently on H1B and waiting for Immigration Interview.
Answer:
The official rule (which IMHO has not changed with the passage of AC21) is that you must not have any preconceived intention to leave the job when you get your Green Card. (Your friend clearly does :-( ) In general, working for the company for one year after getting the GC is normally considered sufficient.
If he can't stand the thought of a whole other year at the company, then he should withdraw his consular processing and switch to adjustment of status within the US. 180 days after his AOS is filed, he can take advantage of AC21 and switch jobs, providing he remains in the same field. Of course, the downside is that it'll be an extra year or more before he actually gets his GC.
I doubt such a "rule" would be enforceable after AC21 for people getting greencard thru the lengthy I-485 process. It makes no sense that someone in the I-485 for more than 180 can change job while still getting the greencard, while someone with the greencard can't change jobs after waiting for so long on the I-485. A federal judge would certainly dismiss such case.
I wouldn't speak so soon. We already have an analogous situation with marriage: if you divorce three years and six months into a marriage, do you get to keep your Green Card? Not if the processing took between 18 months and two years. If it was more than two years, you are home and dry because you got a full GC; but if you get your GC even one day before your second wedding anniversary, it's conditional on you staying married for another full two years (with a few exceptions for domestic violence etc.)
So although I agree the situation is iniquitous, we already have a close analogue enshrined and clear in law. Could it survive a challenge under the 14th Amendment? Maybe not, but nobody (to my knowledge) has ever tried.
more...
jamesbond007
10-02 01:59 PM
You need to ask yourself what you want to do with it?
Because, any paper currency is currency - it will lose its values over time.
Do you want to keep converting it back and forth depending on what the exchange rate is?
Things to look at: How easy would it be to convert it back to the USD? What taxes will you be liable to? What are the associated fees?
forex trading can be a lucrative business if you have the discipline and patience.
Another thing you might want to consider: Gold is at an all time high demand right now. I think that price will keep going up.
Do any of you have any information on Foreign currency CD. I am thinking of opening CD account with Foreign currency possibly with Indian rupee.
Rupee is 47.50 today and i think its the best time to buy rupees rather keeping ur money in dollar.
Please throw some input.
Thanks
Because, any paper currency is currency - it will lose its values over time.
Do you want to keep converting it back and forth depending on what the exchange rate is?
Things to look at: How easy would it be to convert it back to the USD? What taxes will you be liable to? What are the associated fees?
forex trading can be a lucrative business if you have the discipline and patience.
Another thing you might want to consider: Gold is at an all time high demand right now. I think that price will keep going up.
Do any of you have any information on Foreign currency CD. I am thinking of opening CD account with Foreign currency possibly with Indian rupee.
Rupee is 47.50 today and i think its the best time to buy rupees rather keeping ur money in dollar.
Please throw some input.
Thanks
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kokil
03-05 11:38 AM
Dear Sir,
I have 12 years of experience in IT industry and I have my I 140 approved in EB3 category.
Since I have only 3 years degree from India, I can't file the GC in EB2 category. So I have decided to do postgraduate diploma in IT management from Universitas 21 (http://www.universitas21.com/about.html). I found they are quality education provider but not aacsb accredited. So in that case after completing diploma in postgraduate can I upgrade my GC to EB2 category?
At present I am not worried about the position required for EB 2 filing because I am an architect and can easily switch to different company and get decent salary. But what I realized only job and salary won't help until I have proper education.
So it is my request to appropriately guide me aboud the eudcation perspective whether I am on right path or not. Also is diploma is sufficient or I need to masters too?
For your reference I have attached sample certificate coming out from U21 for the diploma in IT management.
I have 12 years of experience in IT industry and I have my I 140 approved in EB3 category.
Since I have only 3 years degree from India, I can't file the GC in EB2 category. So I have decided to do postgraduate diploma in IT management from Universitas 21 (http://www.universitas21.com/about.html). I found they are quality education provider but not aacsb accredited. So in that case after completing diploma in postgraduate can I upgrade my GC to EB2 category?
At present I am not worried about the position required for EB 2 filing because I am an architect and can easily switch to different company and get decent salary. But what I realized only job and salary won't help until I have proper education.
So it is my request to appropriately guide me aboud the eudcation perspective whether I am on right path or not. Also is diploma is sufficient or I need to masters too?
For your reference I have attached sample certificate coming out from U21 for the diploma in IT management.
more...
damialok
07-11 03:20 PM
To claim as dependents, IRS requires that you pass two tests(many more but specific to your case)
Substantial Presence requirement, 184 days and may include previous years stay.
Income Requirement, I dont know the actual 2006 limit for income but it has to be less than $5000-$6000
If you can pass both then you can file but you will require a Tax Id(ITIN) from IRS prior to doing that.
What can happen at the maximum is that you might get audited and if you use a professional tax agent then you can easily rebut these. Also the IRS's auto auditing rules are unlikely to audit individual returns if the windfall is less than a certain amount. I guess the amount would be around $2000~$3000, as the cost for attorneys,staff and other resources will not make this audit viable.
I claimed my sister at that time on F1 about 5 years back and was successful. Your parents should be no different. The lack of communication(systematic) between IRS and USCIS is boon for us in this case. If it were truly streamlined, USCIS would have never let the 184 days be accumulated in the first place.
On the actual amount that you can get back depends on your tax bracket. Looks like each Dependant is worth about $5k~$6k of deductions. Assuming that you are in the 30% fed tax return bracket that would amount to around, $1.5K ~$1.8K net return. You may also be eligible for state deductions if that applies in your case, which would increase the latter amount.
Substantial Presence requirement, 184 days and may include previous years stay.
Income Requirement, I dont know the actual 2006 limit for income but it has to be less than $5000-$6000
If you can pass both then you can file but you will require a Tax Id(ITIN) from IRS prior to doing that.
What can happen at the maximum is that you might get audited and if you use a professional tax agent then you can easily rebut these. Also the IRS's auto auditing rules are unlikely to audit individual returns if the windfall is less than a certain amount. I guess the amount would be around $2000~$3000, as the cost for attorneys,staff and other resources will not make this audit viable.
I claimed my sister at that time on F1 about 5 years back and was successful. Your parents should be no different. The lack of communication(systematic) between IRS and USCIS is boon for us in this case. If it were truly streamlined, USCIS would have never let the 184 days be accumulated in the first place.
On the actual amount that you can get back depends on your tax bracket. Looks like each Dependant is worth about $5k~$6k of deductions. Assuming that you are in the 30% fed tax return bracket that would amount to around, $1.5K ~$1.8K net return. You may also be eligible for state deductions if that applies in your case, which would increase the latter amount.
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aadimanav
08-23 06:35 PM
What is Code 3 and Code 1 ? My Notice says Code 3
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SDdesi
09-20 07:39 PM
I just received an email from USCIS that my wife's EAD has been approved.
RD 07/02, FP 09/04, PD 05/06
RD 07/02, FP 09/04, PD 05/06
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qtoask
08-18 03:31 PM
Piyush,
Your dependents are "in status" as their I485 pending. donot worry about it. You will receive your card within 3-4 days.
Right now my parents in India are trying to seek help from local authority so as to say the ADM office - to get the certificate. I dont know how much this will work.........I will keep everyone posted.
Your dependents are "in status" as their I485 pending. donot worry about it. You will receive your card within 3-4 days.
Right now my parents in India are trying to seek help from local authority so as to say the ADM office - to get the certificate. I dont know how much this will work.........I will keep everyone posted.
more...
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Dhundhun
08-05 03:48 PM
All,
anyone knows about this visa, is this family sponsorship GC ?
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
What do you want to know? I130 and I485 needs to be filed. Both Counselor Processing as well as AOS allowed.
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
anyone knows about this visa, is this family sponsorship GC ?
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.
What do you want to know? I130 and I485 needs to be filed. Both Counselor Processing as well as AOS allowed.
This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21
For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.
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copsmart
01-08 08:43 AM
http://in.reuters.com/article/companyNews/idINBOM40463220090108
Really a tough time for Satyam employees.
Really a tough time for Satyam employees.
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nat23
03-27 02:47 PM
Wish we would not getinto United States Civics discussions and concentrate on Increasing memberships and contributing.
Dont forget the goal....there are a lot of hurdles ahead as pointed out by Sen Durbin and elk already
To have a meaningful discussion / resolution to our problems we should be aware of the process.
Dont forget the goal....there are a lot of hurdles ahead as pointed out by Sen Durbin and elk already
To have a meaningful discussion / resolution to our problems we should be aware of the process.
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gotgc?
07-19 09:32 AM
As in my birth certificate my mother's last name was not mentioned , I have just obtained an affidavit from my parents(together) using one of the samples floating around. But I just found that there is spelling mistake in my father's first name in one sentence. But in other sentences, its correctly wriiten.
Is it ok to send this with application?
Thanks
In my company, my friend had the same issue. Our attorney as ked him to get a new one...ask your parents to get a new one and send you the scanned copy..in this way..it will be very quick. If you need a format, PM me..I can sedn you.
Is it ok to send this with application?
Thanks
In my company, my friend had the same issue. Our attorney as ked him to get a new one...ask your parents to get a new one and send you the scanned copy..in this way..it will be very quick. If you need a format, PM me..I can sedn you.
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virald
10-04 11:07 AM
Anyone can throw light into this one. Can we track APs now for NSC.
NSC is receipting late and also their AP documents are mailed very late. Please let us know when we receive our AP document after getting the receipts? for eg. 10 days, 20 days etc..
It will help lot of us who want to make some travel plans.. [some like us are eagerly waiting for past 4 yrs!!!]
Thanks to IV and all the members
I don't think anyone will be able to predict when someone will get AP approved. USCIS has mentioned that they are concentrating on EAD more than anything else (read AP). Also, unlike TSC, NSC only issued receipts so I suppose they are issuing EAD's now. AP seems far away. Even TSC is behind in processing AP.
NSC is receipting late and also their AP documents are mailed very late. Please let us know when we receive our AP document after getting the receipts? for eg. 10 days, 20 days etc..
It will help lot of us who want to make some travel plans.. [some like us are eagerly waiting for past 4 yrs!!!]
Thanks to IV and all the members
I don't think anyone will be able to predict when someone will get AP approved. USCIS has mentioned that they are concentrating on EAD more than anything else (read AP). Also, unlike TSC, NSC only issued receipts so I suppose they are issuing EAD's now. AP seems far away. Even TSC is behind in processing AP.
Caliber
01-04 12:12 PM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong. I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
One of my friend's 485 was denied after 2.5 years. Their H1 was over and did not extend. Both Husband and wife were working on EAD and they never even had 1% doubt about not getting approved. The reason was that the base labor was already utilized by his employer for another employee and that guy got GC about 2 months before this guy. Incidentally both are friends and worked for the same company. But USCIS was kind enough to allow him to continue provided they file for new labor through Perm and they also got the Old PD. Then they applied in Perm through Sheela Murthy and then got their GC in almost like 45 days. This happenned about 8 months back. PLEASE REMEMBER THIS SITUATION. I am not sure if this is USCIS mistake for approving 140 for 2 people with the same labor. This still haunt's my friend's family as I remeber the day they got the rejection letter.
One of my friend's 485 was denied after 2.5 years. Their H1 was over and did not extend. Both Husband and wife were working on EAD and they never even had 1% doubt about not getting approved. The reason was that the base labor was already utilized by his employer for another employee and that guy got GC about 2 months before this guy. Incidentally both are friends and worked for the same company. But USCIS was kind enough to allow him to continue provided they file for new labor through Perm and they also got the Old PD. Then they applied in Perm through Sheela Murthy and then got their GC in almost like 45 days. This happenned about 8 months back. PLEASE REMEMBER THIS SITUATION. I am not sure if this is USCIS mistake for approving 140 for 2 people with the same labor. This still haunt's my friend's family as I remeber the day they got the rejection letter.
vvr
03-18 02:05 PM
I am in the same situation right now, called both SFO and SJC airports and they seem to indicate they do not know anything about it. DVB how did you handle it ? Also, will it affect my status being on expired I-94 ?