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sdckkbc

02-04 12:23 AM

LONGGCQUE,

I have filled the form today. Can you plz tell me what exactly is the verbiage of the question and which section of the form it is in?

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spicy_guy

11-15 11:08 AM

Will lame-duck Congress settle differences or scores? - CNN.com (http://www.cnn.com/2010/POLITICS/11/15/lame.duck.congress/index.html?eref=mrss_igoogle_cnn)

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h1techSlave

04-03 02:25 PM

From the new letter: "The CIS isn�t approving adjustment of status cases at anything close to a rate sufficient to use up even a significant portion of the quota...".

And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).

Please take this post as a constructive criticism.

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Lasantha

11-06 01:48 PM

Hello,

Can someone tell me about the final interview for the EB based GC process.

1) Does everyone get called for an interview or is it done on selected cases based on individual factors?

2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).

3) Why is it done and what kind of questions can one expect during the interview?

Thanks

Lasantha

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Navkcl

06-21 02:29 PM

Please advise,
I had a citation 3 yrs back and I paid fine in the court for tresspasing...
Is this going to be effect on my GC process..I am preparing to apply I-485

Thanks in Advance

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dohko

04-07 01:57 PM

Well I have a BS and MBA with 1 year of experience in my current company. And they're not willing to do MBA+0. So I guess Eb3 is the only option.
Both degrees are from a US university.

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dngoyal

08-17 02:45 PM

I applied for 485/EAD/AP in the month of June'2007.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.

At this time, I need to travel out of country for urgent reasons,

how it will work.

I have H1B stamped on my passport which is valid till March'2010.

Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.

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manish756

04-12 04:32 PM

Thanks a lot . she is travelling on AP. I haven't received the RFE till now.
It was issued in 10 april 2009i didn't understand about three weeks.Can you pls elaborate

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nashorn

08-12 03:55 AM

Nothing. Figured application has to be transfered from NSC to TSC. That is going to take more time.

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chna

06-30 11:46 AM

Hi Friends,
I am a green card holder, becoming eligible for citizenship in April 2009. My fianc�e has been in the US for the past 2 plus years on F1. She completes her MS in December this year .We plan to visit our home country in August this year and get married. I thought this was a relatively uncomplicated case till I read in some forum recently that marriage to a permanent resident can be a barrier to being admitted to the U.S. in F-1 status. This is because such a marriage obliterates the "non-immigrant" intent required for F-1 entrants. This could very easily jeopardize her plan to re-enter in F-1 status.
Any thoughts or advice on this? Appreciate all the help.
Thanks a lot.

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wandmaker

11-12 05:55 PM

it is always recommended to file h1 extension. If your company is not willing to file for an extension, you will have to use EAD to work for them. Once you started using EAD, your non-immigrant status (h1) is invalidated. Hence , you can not apply for H4 extension for your spouse/dependants - they will be in "pending AOS" status, entire family needs to have AP to travel outside and enter USA.

BTW, you will have file I-539, it is faily simple, goto USCIS site and download the forms.

Hi ,

My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.

Thanks

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calgirl

08-07 03:27 PM

I have maybe a similar scenario..

MY 485 and old EAD have SRC hence at Texas. But I noticed that my new EAD has been applied for and has LIN.
Any ideas why would my lawyer do this?

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desi3933

01-25 09:19 AM

I work with a consulting company on client side. The client is planning a shutdown for 2 days a month - 2nd and 4th Friday.

Do you guys think its gonna impact 485 application. I am asking this question cause the labor was approved for 40/hrs per week and the salary slip shows the number of hrs worked per month which will be lesser than 160 (in case the month has 4 weeks).

BTW, I am on EAD and 140 approved couple of years back.

Thanks


Pavan -

You should maintain 40/hr per week. This could mean - your consulting company paying these days for your "full time job". The other option is - taking paid time off for these days. Again, it should be paid time off.

Good Luck.

____________________
Not a legal advice.
US Citizen of Indian Origin

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itsmesabby

10-14 09:58 AM

Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.

I would really appreciate it.

Thanks

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Dhundhun

07-21 09:32 PM

A quick question for all you experts out there

My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.

Use of EAD to get SSN is OK. Don't use EAD for work.

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vallabhu

08-17 03:23 PM

Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.

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amaze

10-27 03:31 AM

i had no idea. sorry

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agadre

04-18 11:44 PM

With EAD, or AP for travel, it is important to apply renewal of documents exactly 120 days prior to current document�s expiration date. If you file the renewal application earlier than 120 days prior to expiration, the USCIS may deny the application. In your case, if AP expires July, then return before the date to avoid issues. Plus, if EAD is current, then there should be no problem with entering U.S again. I am out of work and not risking it with out of country travel. Check with lawyer. That is important. Two years back, I returned with AP and faced questions at the airport. Check with lawyer before leaving. Why we do these hoop is known only to the almighty. Better to love someone here and settle with life. I am exhausted with all such documents. I have delayed marriage for GC.

What questions did you face at the airport? Was your AP valid when you returned or had expired. Was your EAD valid when you returned? I am thinking of traveling with my family in next few months and my docs are all valid till end of this year. Would that pose any problems?

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viper673

07-24 02:55 PM

PD has nothing to do with EAD processing. They're not linked.

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Kapils573

09-01 05:19 PM

Hello everybody,
My lawyer mailed me photocopy of I-485 form ,EAD application and AP form
which she filed last month. I saw that my lawyer has enter my old address (Michigen ) by mistake. My current address is in Illinois. The G328 form mentions the Illinois address as my present address. I had already send my AR-11 mentioning my Illinois address as my new address before my I-485 was filed.
My worry is will the finger print notice,EAD, will come to Michigen address or Illinois address

Pls guide what should I do to change the address on 485 to my new address..

Thanks,

Kapil

---

nkappiah

07-19 10:56 PM

Thanks for replying. Just to clarify:

If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?

I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?

Thanks for all the replies.

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p_aluri

07-24 03:13 PM

PD has nothing to do with EAD processing. They're not linked.

There is no Priority Date on my I-485 receipt notice. Is that a problem?

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sweet_jungle

03-23 11:03 PM

Any feedback on techpoint solutions, bay area, ca?

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plassey

08-14 03:24 PM

How would you do that? You need a company to sponsor you.:confused:
Hi All,

I am thinking of doing PERM filing on my own under EB2 category.I need suggestions from optimistic members about this possibility.Also,please if you can provide links(website) which can help me through this stupid & cumbersome process.

PEACE

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icecolor

09-12 09:01 AM

What does this mean?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Does it mean that they mailed the letter that it is approved or did they mail the card?

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probe

10-12 10:16 AM

I got EAD with "finger print not available" on card. Strangely ,Online status doesn't has any information it still displays that NSA received my EAD application and they are processing.It seems they are sending EADs but they are too busy to update their system.

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blacktongue

02-22 09:49 AM

:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.

Not only Marriage. Even father, mother close relative has 3 year wait

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Intel

10-05 01:32 PM

I am currently working on campus, on one of the buildings, employee of the CSU system.

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gcgc2005

12-17 10:37 PM

Hello Everyone! Please advise me on the following agreement.

I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"

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ArkBird

06-30 02:32 AM

Why you are concerned? Even my wife opened the company and doing business.... That's what EAD is for....

Chill! Life is too small to worry about such things.. You are not doing ANYTHING illegal by opening a company. If anything, USCIS should be glad that their EAD is helping the ailing economy.

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crystal

07-12 11:56 PM

Don not open multiple threads for the same post.Please

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thomachan72

05-21 01:33 PM

Hello All,

My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.

Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.

My questions are:

1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?

2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?

Please advise.

How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.

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aamchimumbai

02-04 09:40 AM

Folks,

This message is for people who left US before AP was approved.

My wife left for India in Nov'08. Although, we received letter from USCIS that her AP application was approved there was a glitch in their system because we received a RFE after she left. Anyways. We responded to her RFE for photos and we received her approved AP in Dec'08. I left US after I received her AP.

At the POE (Newark, NJ) the IO did ask us questions about my work, her visa status, etc. nothing major. The IO only requested for my passport/AP and for my wife her H4/AP/passport. We were then taken to a separate area and asked to wait. There were two IOs looking at our passport/AP. BTW, we both don't have H1 and H4 visas stamped in our passport. To his satisfaction, he stamped AOS on our I94 cards. The I94 expiration was one year from the date of entry. To my surprise, he gave both AP copies to me. Anyways.

I wanted to share this experience because there are ton of people wondering what to do if they need to travel and they don't have approved AP in hand.

Hope this helps. Let me know if you have any questions.

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javadeveloper

07-27 05:40 PM

I am starting this thread for Interview related discussions.

Here is my question:I live in NY and my attorney is located in CA.I got Interview with Immigration and I want to attend that interview along with my attorney.Is it possible to schedule my Interview in CA where my attorney works/lives? Or is it like we need to attend where USCIS specifies?

Share your experiances.

Note to Admin:Please make this thread sticky if you feel it is worth enough.

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sk.aggarwal

02-21 07:28 PM

Would recommend doing an appeal for perm. That will keep perm active while your H1 gets processed.

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rajuram

10-10 09:53 PM

Guys,

This is question to july 485 files, has anyone from Austin, tx received FP appointment.
I filed on jul 25 ( NSC) got transferred to TSC and got receipts on 9/27
and EAD on 10/2, but no FP as yet.

Just wondering if FP did get lost...or am i in line..

Comments, suggestions ???

thanks

I know someone in Austin whose RN date is 2 days before you and he got his FP last week.....

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tinamatthew

07-18 03:50 PM

Hello everyone and thank you IV for all your great work. Much appreciated.

I have a (hopefully ) simple question:

I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.

That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?

I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?

Any info, tips would be greatly appreciated.



My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.

Thank you all once again!

That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps

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GTGC

05-05 03:49 PM

Dano and Sledge_hammer,

I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.

Thanks....

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sam_hoosier

01-19 03:51 PM

Technically, it is the date when LC application is received by USCIS. Most of the time, it is the same as filing date but not always.

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ikass

05-15 06:34 PM

Immigration Voice Team and Members,

I guess you may have seen this new bill introduced by Rep. Lofgren. This bill would be a boon to eagerly awaiting qualified candidates. Is there anything we all can do to push this reform!!!

Rep. Lofgren Introduces Bill to Retain International Talent
Bill Would Allow Best and Brightest in STEM Fields to Stay in the United States.

May 14, 2008

Washington, D.C. � Rep. Zoe Lofgren (D-CA) recently introduced H.R.6039, which would allow masters and Ph.D. level graduates from U.S. universities in science, technology, engineering, and math to obtain green cards without waiting in long lines, if they have job offers from U.S. employers. The measure enjoys strong bipartisan support, initial co-sponsors include: Reps. Chris Cannon (R-UT), Michael Capuano (D-MA), Chris Carter (R-TX), John Conyers (D-MI), Joseph Crowley (D-NY), Tom Davis (R-VA), Anna Eshoo (D-CA), Wayne Gilchrist (R-MD), Mike Honda (D-CA), Patrick Kennedy (D-RI), Carolyn Maloney (D-NY), Jim McDermott (D-WA), George Miller (D-CA), David Reichert (R-WA), Linda Sanchez (D-CA), Loretta Sanchez (D-CA), John Shadegg (R-AZ), Adam Smith (D-WA), and Ellen Tauscher (D-CA).

�More than 50% of the graduates from U.S. universities in masters and Ph.D. programs in science and engineering are foreign born,� noted Rep. Zoe Lofgren. �If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren�t the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent. In 2000, for example, 75% of the world�s engineers were hired by U.S. employers�just six years later in 2006, that percentage dropped to 63%. This legislation will give U.S. employers another tool to recruit the world�s best and brightest.�

Source: http://lofgren.house.gov/PRArticle.aspx?NewsID=1912

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rockdanation

03-13 07:29 PM

Hi,
My employer has been playing this game with me. He filed for my Labour and it got approved in August of 2007. However he did not file for my I-140 until Feb of 2008 , just a week before the labour would expire. Now its been over year , he does not give me my SRC number but keeps telling me its been approved under EB-2 catagory. As for me , I am current in EB-2 , I just checked April Bulletin and I still am current. It looks like he is not going to file for my 485. Is there anyway I can make him file or file myself. Please know, the lawyer is on his side as well. I have asked the lawyer number of times for SRC number but he does not provide that either. What are my option other than joining a new company.

Thanks

---

ItIsNotFunny

11-11 10:18 AM

Such hard times are good times for becoming entrepreneurs who in turn provide more jobs for those who lost their livelihood

http://finance.groups.yahoo.com/group/ivstartup/

I know. I have a company registered, we few friends decided to have a group kinda thing what you are planning now. I tried to promote that idea but some people got it wrong initially. See our previous discussion.

Anyways, my goal here is to make people understand that sending mails for AC21 are very important and critical at this stage irrespective or whether you used it or not.

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whitecollarslave

01-17 10:30 PM

I received a copy of I 485 Receipt Notice from my lawyer today. The priority date is empty in the receipt notice. Is this normal?

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obviously

07-26 11:13 PM

Folks, let us concentrate on sending the output of all the good analysis done by various members to this person who it appears has a job to identify and recommend systemic fixes. It would be far more useful than sharing woes amongst ourselves in these b-boards.

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dilbert_cal

02-09 02:04 AM

Hi attorney,

I know the question sounds weird.

My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.

I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?

Thanks.

Jijie

In order to preserve the PD, you will require a copy of your approved 140. Do you have the copy - in that case, next time you will have to file labor and at 140 stage, you can get your PD back.

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ameryki

06-18 04:14 PM

as long as you enter the country back on or before Sept 30th 2010 you will be in good shape otherwise you will need a new visa to enter.

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anyluck?

09-09 08:16 PM

Hi

I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94.Is this right?

2) How many weeks will it take under premium processing to get new I94

3) Do they have to apply only after Oct 1.

4) Are there any chances of getting rejected at this stage.

Can any one please suggest.

Thanks

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fran5477

04-04 10:36 PM

I have been looking topics like this one. Does anybody know if H-1 H-4 can apply for financial aid? does it come up during GC process as goverment aid and therefore could put you GC approval in danger of being rejected? I read somewhere a list of federal help we can use and be OK. Does someone know where to find info?. I have a daighter H-4 who starts college this year. She qualifies for in state tuiton. Does this affect her GC process? You never know when issues like this will surface along your process. I don't want to make any mistakes. Is someone in similar situation?

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vin13

01-30 10:35 AM

There is not anything like withdrawing AC 21. It was to show that you worked in a different company with similar job description.

The question is, did you send a letter to say you are changing jobs using AC 21?

If you did not send the letter, then you really do not need to do anything. Just join your original sponsor. If there is an RFE, you can always prove that you worked in a similar job category.

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donsimahajan

06-22 09:27 AM

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09-23 10:31 PM

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June 5th, 2005, 11:17 AM

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ajithkumar

04-26 09:52 AM

hi Crazymonk...

they didnot hold my passport at the newdelhi consulate ...but has issued me a 221g asking me to submit a notirized list of all the employees in my company B with start date,end date,specific job title ,immigration status,yearly salary

and

w2 of all the employees in company B for the past one years

which i submitted after which i had got the refusal under 221g

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h1techSlave

04-04 09:19 PM

I guess, you can only be with out a job for 180 days while in EAD.

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sts_seeker

06-04 05:42 PM

Dear Experts I need this suggestion ASAP to prove I-140 ability to pay.

My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.

The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).

Does that satisfy the USCIS of the requirement of ability to pay or Not???

I need help ASAP.
Thanks everyone

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manishgc

09-13 11:57 AM

My Indian passport is going to expire very soon and my visa has also expired.
I have applied for extension for 3 years.

Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?

I am sorry if this is not right place to write about it...

thanks

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mihird

05-18 02:37 PM

I had a very good experience with him..his charges are reasonable...I don't know his contact info off the back, but you can google up the words Virendra, Goswami and Immigration, and should be able to pull up his contact info...

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indo_obama

05-12 11:44 AM

Only making rules more worse and confusing.............:cool:

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soumya_bhatta

03-23 11:31 PM

Thanks for the reply.

No, my new would be employer will not be doing H1 transfer for me. They will take the EAD route. Yes, I know the start and end date of EAD as that is printed in the approval letter.

So, I guess, although I don't have the plastic card in hand, I can start processing AC21 on the basis of EAD approval notice and A#, that gives me 90 more days.

I will read I 9 more carefully with time. Also started upgrading profile.

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perm2gc

09-07 05:00 PM

I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.

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neeidd

11-10 04:03 PM

Could you check and see if your subscription has expired.
Where do I look for that in my profile?

Thanks

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akela_topchi

01-21 07:56 AM

Gurus.. need your help!!

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sledge_hammer

07-01 09:10 AM

Hello all,

I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______

Do I enter the date I first landed in the US, or the most recent landing?

__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:

I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______

Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
8. The following persons are dependent on me for support:

My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3

What should I enter here?
__________________________________________________ _______________

Thanks in advance!

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