franklin
06-19 05:05 PM
Start worrying about LC approval notice and start working about AOS.
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
Aaj kal nav jawanoku, ye kya ho raha hi?
What?!
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soneC
06-15 09:04 AM
Hello. First of all, thank you for reading and feedback. I need some advice on my immigration issue.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer�s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).
I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.
Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
nixstor
07-11 11:09 AM
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
:mad:
Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.
The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this
:mad:
Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.
The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this
2011 Mrs. Salman Taseer and her
bsbawa10
08-15 12:11 PM
USCIS does not seem to be corrupt. It seems to be running by proxy with no accountability, no follow ups on what they do, and they always make excuses to show that they follow rules ...(which are breakable).
more...
ksvreg
02-24 08:17 PM
I have been full-time with big company for the past 9 years. Stuck with EB3. I need a serious input from you guys about joining in a new company and applying EB2. I probably get new employment with a small firm of size 100-150 employees. I have MS from USA in 2005. Is it good idea to join in new company or is it a worth waiting for EB3 dates. My PD is in 2003. What if you are in my situation? Please advise. Thanks.
gc_lover
06-20 08:30 AM
Friends
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
more...
frostrated
04-09 04:49 PM
i would say efile. You will get the file number immediately as opposed to the mai taking a couple of days to travel and then getting processed into the system. Ultimately, there might be a difference of upto 7 days between case numbers. The earlier your case number, the more advanageous your position will be.
Just my 2 cents.
Just my 2 cents.
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fromnaija
03-18 05:11 PM
I Have my EAD card but my spouse was in India when i applied for EAD. That mean she doesn't have EAD card rite now.
Can she get EAD or SSN?
Pls help.....
Unless you submitted I-485 for her she cannot apply for EAD. If you did submit I-485, yes you can apply EAD for her now by submitting form I-765.
Can she get EAD or SSN?
Pls help.....
Unless you submitted I-485 for her she cannot apply for EAD. If you did submit I-485, yes you can apply EAD for her now by submitting form I-765.
more...
wellwisher02
03-27 03:39 PM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
Agreed! Let's think positive that it will move forward.
Agreed! Let's think positive that it will move forward.
hair Punjab Salman Taseer says,
sayantan76
07-21 08:51 AM
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
wow - thats a new one.......and really intriguing........one could argue that if a work can be done remotely - then why should the work be located in United States at all and hence - why the need for a visa? on the other hand - that would be totally counterproductive as companies would use the logic to outsource work outside the country and result in reduction in number of employees who pay US taxes.......
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
wow - thats a new one.......and really intriguing........one could argue that if a work can be done remotely - then why should the work be located in United States at all and hence - why the need for a visa? on the other hand - that would be totally counterproductive as companies would use the logic to outsource work outside the country and result in reduction in number of employees who pay US taxes.......
more...
Humhongekamyab
01-29 10:23 AM
this rumour sounds like its straight out of timesofindia :p;)
:d
:d
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Sakthisagar
10-20 10:26 AM
As per The Oh Law Firm (http://www.immigration-law.com/)
10/19/2010: Senator Grassley of IA (R) Drops Second Bombshell Placing Immigrant Community in Shocks and Speechless
The Republican Senator Chuck Grassley of Iowa lately dropped the first bomb by obtaining and releasing to the media the USCIS internal memo on the Administrative Alternatives to the CIR, stirrming a political quackmire. Last week, he dropped the second bomb by releasing his letter to the USCIS Director accusing him of pressuring the California Service Center adjudicators to speed up adjudication of petitions.
http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=29635
This Senator is real Anti Legal immigrant and does not have much knowledge of suffering and perseverance immigrants have in general. This guy should be educated soon properly.
10/19/2010: Senator Grassley of IA (R) Drops Second Bombshell Placing Immigrant Community in Shocks and Speechless
The Republican Senator Chuck Grassley of Iowa lately dropped the first bomb by obtaining and releasing to the media the USCIS internal memo on the Administrative Alternatives to the CIR, stirrming a political quackmire. Last week, he dropped the second bomb by releasing his letter to the USCIS Director accusing him of pressuring the California Service Center adjudicators to speed up adjudication of petitions.
http://grassley.senate.gov/news/Article.cfm?customel_dataPageID_1502=29635
This Senator is real Anti Legal immigrant and does not have much knowledge of suffering and perseverance immigrants have in general. This guy should be educated soon properly.
more...
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bfadlia
01-29 10:55 AM
Dear sansas,
We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.
Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.
Thanks
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
We have seen a lot of such rumors. Can you be more specific and provide sources ? Logically thinking, this cannot be true at all.
Admins, May I request you to close this thread if sansas is not able/willing to provide sources for his post.
Thanks
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
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maxy
04-28 09:43 AM
this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?
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aadimanav
01-05 10:41 PM
I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
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boston_gc
01-26 04:07 PM
I think it will be follish for any political party to not pay attention to Latino power. Mr. Obama won election with their support. For some reason, Latino group has not come forward so far to say that no CIR would mean no support to the party. I think if Latinos and all other interest groups come together, we may have a chance. Otherwise, I agree it is going tobe a while....:mad:
The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.
The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.
more...
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som_yad
08-15 05:12 PM
Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?
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legal_la
06-25 03:39 PM
Guys,
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
I dont think you will be able to do this, I am not sure but I think one should be present in US at the time of AP approval only then they can use that Advance parole to leave and re enter.
May be converting back to H4 and attend for visa as dependent is an option. Ask your lawyer.
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Berkeleybee
04-12 12:56 PM
Thanks for putting up the link Learning01. Karin got in touch with us and I had several calls with her cluing her into the facts and figures. She herself is an immigrant from Sweden.
Good to see our leads payoff.
best,
Berkeleybee
Good to see our leads payoff.
best,
Berkeleybee
amoljak
05-03 07:32 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
apb
04-04 01:30 PM
1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
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