loveiv
07-29 10:54 AM
Did Anyone got 2 year EAD when I-140 pending? There is some stupid assumption posted on some immigration website that USCIS is issuing 2 yr EAD to approved 140 petitions only..
Just want to confirm that.
Did anyone get 2 year EAD when they did not file labor?
If you think this question is stupid, and same with the above one too.
Just want to confirm that.
Did anyone get 2 year EAD when they did not file labor?
If you think this question is stupid, and same with the above one too.
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raysaikat
04-17 12:46 AM
Here's our situation:
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
pd_recapturing
07-10 06:47 AM
Is there any advantage of submitting I-485 application now except to become plantiff in law suit?
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gcformeornot
10-12 02:16 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....
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meridiani.planum
10-12 08:25 PM
This can easily be defeated if challenged in a court of law.
All these are effect of lobbying from Merck.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
All these are effect of lobbying from Merck.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
voldemar
01-10 10:33 AM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
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sxv7392
12-19 11:42 AM
We are about 4 people in Austin we need some direction so that we can be of some help.
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michael_trs
11-18 05:08 PM
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
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go_guy123
10-05 11:43 AM
Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.
Most likely....they are trying to play both side of the vote politics. That way they can say we tried earnestly but didn't happen because of republican opposition.
On the other hand they can avoid annoying center and independent voters.
Most likely....they are trying to play both side of the vote politics. That way they can say we tried earnestly but didn't happen because of republican opposition.
On the other hand they can avoid annoying center and independent voters.
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nixstor
02-09 07:39 PM
Congressmen from hi-tech SF and CA.
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
I doubt if the above three even know what the whole deal on these 90K visas is. where they come from, what are at stakes, who lost them, why they lost them etc things. I agree with you that we need to call these and let them know that these belong to EB, hence recapture them for EB and request them to allocate special 50K/90K to Schedule A
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WeShallOvercome
08-02 04:40 PM
I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
The day you file your I-485, EAd/AP is your Receipt date.
You can change employer without jeopardizing your I-485 process after 180 days of Receipt date.
You get EAD/AP in a few months from receipt date
you get your GC once your I-485 is approved which could be anywhere between 6 months and 6 years depending on one million factors..
Don't know what happens once your Gc is approved.. I heard it's good to have it, so I'm running after it like everybody else :)
The day you file your I-485, EAd/AP is your Receipt date.
You can change employer without jeopardizing your I-485 process after 180 days of Receipt date.
You get EAD/AP in a few months from receipt date
you get your GC once your I-485 is approved which could be anywhere between 6 months and 6 years depending on one million factors..
Don't know what happens once your Gc is approved.. I heard it's good to have it, so I'm running after it like everybody else :)
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nvmurali
06-02 02:40 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
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godspeed
10-27 01:38 PM
visit my blog, it has to-do's after GC.
enjoy
Hi All,
After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
enjoy
Hi All,
After 7 years of stay in the US and 3 green card applications later, I finally got the 485 approval e-mail.....aaahhha......I feel so relaxed now.
However I did not get any FP notice yet! Do you know if Biometrics is a requirement for issuing the physical green card and also any idea how long it takes to get the card from this point of time.
following is the current status in the online status of my 485:
Post Decision Activity
On October 26, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
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ArkBird
09-09 05:37 PM
That sucks big time!
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
I hope they resolve it promptly. Secondly, you can also try contact ACLU and get their consultation on this issue stating excessive harassment of legal immigrant. I have heard of few cases where they helped big time though they were asylum cases.
@ArkBird,
NO, Its not a substitute labor. Its mine on my name cleared from Dallas Backlog center.
@Dealsnet,
How much time do you think it will take for NBC to schedule an interview ?
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veni001
02-06 09:46 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
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mbartosik
03-12 03:33 PM
I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
more...
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cdeneo
01-11 04:39 AM
Thanks so much for your feedback on this query - this is really helpful.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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mytv
08-16 02:09 PM
please do reply .I am waiting.
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JunRN
08-12 03:49 PM
I think there are few applicants between July 4 to July 17 because this the period of limbo - no one knows what to do and waiting for the August VB. I would guess it would not even reach 10% of those who filed in July 1 to 3.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
nosightofgc
11-02 12:13 PM
What was the status on USCIS online system when you got an RFE? The reason I am asking is today my status changed to "Document Mailed to the Applicant". Not sure whether this is an approval or RFE. Of course will know in few days.
Thanks
Thanks
piyushmittal
05-04 06:46 PM
Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?
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