vin
09-17 02:20 PM
You should've ideally waited another 5-6 years to get your GC. You're one lucky guy. You've won a lottery dude..make the most out of it!!
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theMan
03-09 02:55 PM
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
I am not sure if they do police verification, even for renewals. If that is the case, there is potential for delay.
I think, renewing in the US is a fairly simple process and in most cases be accomplished in 3 weeks. There is a separate question that asks for your Indian address, so that should not pose a problem.
Thanks In advance
I am not sure if they do police verification, even for renewals. If that is the case, there is potential for delay.
I think, renewing in the US is a fairly simple process and in most cases be accomplished in 3 weeks. There is a separate question that asks for your Indian address, so that should not pose a problem.
Macaca
01-27 09:49 AM
I hope IV does push for the 485 measure but if for whatever reason they change there mind and dont push for 485, I would be disappointed but that will in no way affect my attitude towards IV. Over the past year or so I have seen enough of core tem to say they take a decision in the best intrest of IV.
I have not filed for I-485 and neither am I close. I feel I-485 is much more controversial interim relief then most members think. This is explained in a post (from a law firm) in another forum. Another reason for my feeling is that AILA is not supporting I-485 filing for health care: they are supporting a temporary 25K-75K increase in GCs. It is possible that health care GC does not have I-485.
You have to choose an issue that has a chance of getting through rather then an issue that most persons want or is logical. I will be surprised if I-485 filing as interim interim relief reaches the bill state and/or the bill gets approved in Senate + Congress.
I do not consider this to be a reason to move away from IV. I agree with some requests that require IV to explain their finances and dis-agree with some IV decisions. In particular, I very strongly dis-agree with some topics + language + tone allowed in the forums. As we are seeing, it is turning people away from IV.
However, based on the big picture and the attitude of core, I will roll with them on any issue they decide to pursue.
I have not filed for I-485 and neither am I close. I feel I-485 is much more controversial interim relief then most members think. This is explained in a post (from a law firm) in another forum. Another reason for my feeling is that AILA is not supporting I-485 filing for health care: they are supporting a temporary 25K-75K increase in GCs. It is possible that health care GC does not have I-485.
You have to choose an issue that has a chance of getting through rather then an issue that most persons want or is logical. I will be surprised if I-485 filing as interim interim relief reaches the bill state and/or the bill gets approved in Senate + Congress.
I do not consider this to be a reason to move away from IV. I agree with some requests that require IV to explain their finances and dis-agree with some IV decisions. In particular, I very strongly dis-agree with some topics + language + tone allowed in the forums. As we are seeing, it is turning people away from IV.
However, based on the big picture and the attitude of core, I will roll with them on any issue they decide to pursue.
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lazycis
02-29 01:51 PM
if you have EAD and 140 is approved (And 180 passed since 485filed), then why are you worried about H1 status ?
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
GC is fo future employment so technically you need to have an employment offer when your GC is ready for approval. You can be unemployed up to that date, there is no requirement for continuos employment.
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
GC is fo future employment so technically you need to have an employment offer when your GC is ready for approval. You can be unemployed up to that date, there is no requirement for continuos employment.
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vin
06-14 08:38 PM
I don't think it'll be brought to the senate floor if there's even a small chance of it being voted out. It'll be brought to the floor only after all the horse trading is complete and it's certain that the required votes will be met. If it's brought to the floor, it's 100% certain to go through.
techbuyer77
09-17 02:17 PM
News Clips won't help much. Better to get some documents from your Company that shows it really is on the downside like financial statements. However, make sure you also have a proof that when they applied for I-140 and you applied for GC, the company is still in good financial status; that is was only later that the company suffered losses.
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
Well what can I get from them? The letter the company send on June did not say I was working for them in that moment. The letter said that they will have a job for me when GC was approved, but they heavely depend on those mortage loans and they have not sold houses in some time.
They did not have job for me when approved.
The promise can not be fulfilled because of bad bussiness.
92 days lapsed after submitting your GC application and you were approved. Do you have anough evidence to say that in June, the Company is doing alright but not now, September? that in June, your position is still available but not anymore in September? that the company did not hire any replacement for you?
Well what can I get from them? The letter the company send on June did not say I was working for them in that moment. The letter said that they will have a job for me when GC was approved, but they heavely depend on those mortage loans and they have not sold houses in some time.
They did not have job for me when approved.
The promise can not be fulfilled because of bad bussiness.
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abh
08-11 01:23 PM
Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
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gotgc?
12-19 09:17 PM
I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.
You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:
"1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).
2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."
I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
Thanks to you all in advance
You are right! This is our company lawyers. They are very bureaucratic and always says as per company policy...Here is their response that why they have to withdraw:
"1. An I-140 is a statement the employer makes to the immigration service regarding what job the beneficiary will be performing. We filed an I-140 LC Sub petition on your behalf stating that you will be working in a XXXX position. We will not file another petition stating that you will be working in another position / occupation XXXX without withdrawing the first statement (I-140 LC Sub).
2. If we file the I-140 based on the LC-PERM, we would interfile it into your pending AOS, so your AOS would be pending based on the pending I-140 (NOT the withdrawn LC Sub)."
I know that their first point is all "BS"...am going to fight this with my Manager. But, the second point am not sure.
Is it possible to interfile if the PD is not current? My pending LC SUB and the PERM LC PD, both are not current. Please confirm whether it is true or not. This will help me make my case.
Thanks to you all in advance
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sankap
07-20 01:13 PM
Along with the DOB affidavits, do we also need the cert for non-availability of BC?
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Exultant
12-03 03:39 PM
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
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lostinbeta
01-03 12:58 AM
Yep, Soul beat me with a baseball bat.
Sould is declared the winner of this battle:
Not quiet sure how to close a poll, so in case I don't figure it out the score is...
Soul: 30
Lostinbeta: 2
well that wasn't hard at all... poll closed
Sould is declared the winner of this battle:
Not quiet sure how to close a poll, so in case I don't figure it out the score is...
Soul: 30
Lostinbeta: 2
well that wasn't hard at all... poll closed
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man-woman-and-gc
03-03 01:38 PM
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
more...
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pitha
02-14 06:58 PM
Last time around exactly the same time in 2006 CIR took off like crazy because of the tremendous backing of Senate Judiciary committee chairman Arlen Specter and Senate majority Leader Bill Frist (who actually gave a deadline for a the bill to be introduced to the senate floor, to speed it up) and president bush supporting it as well. In spite of all these it took the senate from Feb-march 2006 to around September 2006 to get it passed.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR that Arlon Specter displayed, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
Bills almost never go to the floor directly. Especially something as huge as CIR. It will go thru committee again and it will go thru normal rounds of debate and amendments between the 18 people in Judiciary committee.
Its very unusual for a bill to hit the floor directly without going thru the committee that has jurisdiction over it. If it happens all the time, then the committees would be meaningless. The whole point of having a committee is to be able to either kill the entire bill, or a congressional appointment before such a bill / confirmation is debated by all 100 senators. Same thing in the House.
If it was possible to bypass committees, then people would have floored the SKIL or other bills directly on the floor of the house, therby bypassing Jim Sensenbrenner and his Judiciary committee last year.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR that Arlon Specter displayed, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
Bills almost never go to the floor directly. Especially something as huge as CIR. It will go thru committee again and it will go thru normal rounds of debate and amendments between the 18 people in Judiciary committee.
Its very unusual for a bill to hit the floor directly without going thru the committee that has jurisdiction over it. If it happens all the time, then the committees would be meaningless. The whole point of having a committee is to be able to either kill the entire bill, or a congressional appointment before such a bill / confirmation is debated by all 100 senators. Same thing in the House.
If it was possible to bypass committees, then people would have floored the SKIL or other bills directly on the floor of the house, therby bypassing Jim Sensenbrenner and his Judiciary committee last year.
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snathan
06-17 03:18 PM
This is B*^#S*&^. Take this to an attorney and see if it’s legally valid. I suggest you not to sign as he puts every possible issues and make you responsible for that. I never come across any agreement like this. Normally they ask only for non-competent agreement.
Why do you care if the client does not pay your employer and why you pay for the recovery. Simply Blood suckers. Tell him that you can not sign as he did not inform you about this agreement in advance and its not fair.
Thanks
Why do you care if the client does not pay your employer and why you pay for the recovery. Simply Blood suckers. Tell him that you can not sign as he did not inform you about this agreement in advance and its not fair.
Thanks
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she81
06-14 05:34 PM
Can anyone from core update us what's going on with this bill?
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a1b2c3
11-30 08:41 PM
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
congratulations! So did you show your middle finger today?:D
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
congratulations! So did you show your middle finger today?:D
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tv25
09-16 04:18 PM
This waiver seems to be for Citizens and Green card holders right?
I have applied for 485 is this waiver applicable to me. Any thoughts?
I have applied for 485 is this waiver applicable to me. Any thoughts?
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PDOCT05
08-23 02:58 PM
Hi,
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
Congrats ..Hope we will also get some thing soon.
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BSVENKI
05-24 12:47 PM
Done...Good work.
arihant
10-05 09:30 PM
Pappu, I sent you a PM
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
485_spouse
09-25 09:51 AM
What is the normal time frame for receiving AP papers?
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse
My wife's AP papers were mailed on 17th Sep but we are still waiting for them.
Are they sent to applicants home or attorney's office?
Thanks in advance.
485_spouse