ilikekilo
06-18 11:47 AM
as far as my lawyer says once on ead, even for one day you cant go bck ot h1b
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mkrisa
08-11 01:23 PM
bumping
glus
09-13 12:22 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
hello,
This is a pretty complicated situation. What you should do is to speak to your attorney to "connect" your APPROVED I-140 with currently pending 485 petition. Other than that, as long as your 485 is not DENIED, you remain in period of "Authorized Stay" and all documents issued based on the pending 485 remain valid. Note that EAD and AP are issued based on a pending 485, not based on I140. Still, I highly recommend you speak to a qualified attorney. If you PM me, I can recommend one.
Good Luck.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
hello,
This is a pretty complicated situation. What you should do is to speak to your attorney to "connect" your APPROVED I-140 with currently pending 485 petition. Other than that, as long as your 485 is not DENIED, you remain in period of "Authorized Stay" and all documents issued based on the pending 485 remain valid. Note that EAD and AP are issued based on a pending 485, not based on I140. Still, I highly recommend you speak to a qualified attorney. If you PM me, I can recommend one.
Good Luck.
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Ann Ruben
10-24 12:33 PM
Hi PVGanesh,
Establishing that one has had "five years of progressively responsible experience" is really more of an art than a science. Small details in wording or in context can sometimes be critical in painting an overall picture.
Remember that the USCIS adjudicator is not likely to be as tech savy as you are. While you may know that WXY technology is the same as, or includes XYZ technology, don't assume that the adjudicator will. Make sure everything is explained and documeted in easily understood layman's terms.
Similarly, if you worked for a small firm as a "Senior Systems Analyst" and then moved to a more responsible/demandining position in a larger firm where your title was "Systems Analyst", provide a clear and well documented explanation as to why the move represents represents career progress despite the lesser job title.
Whether or not to include your Certificates is a judgment call that can only be made after reviewing all of the experience documents in relation to the specific PERM requirements.
Hope this helps,
Ann
Establishing that one has had "five years of progressively responsible experience" is really more of an art than a science. Small details in wording or in context can sometimes be critical in painting an overall picture.
Remember that the USCIS adjudicator is not likely to be as tech savy as you are. While you may know that WXY technology is the same as, or includes XYZ technology, don't assume that the adjudicator will. Make sure everything is explained and documeted in easily understood layman's terms.
Similarly, if you worked for a small firm as a "Senior Systems Analyst" and then moved to a more responsible/demandining position in a larger firm where your title was "Systems Analyst", provide a clear and well documented explanation as to why the move represents represents career progress despite the lesser job title.
Whether or not to include your Certificates is a judgment call that can only be made after reviewing all of the experience documents in relation to the specific PERM requirements.
Hope this helps,
Ann
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Humhongekamyab
06-06 02:58 PM
Are there any specific links for complaining to these agencies?
See the 4th message in the thread.
See the 4th message in the thread.
godbless
07-20 06:03 PM
Do we need to send the original i 140 or just copy of I 140 is fine ? I mean do we need to send original I 140 to USCIS at any point in the 485 filling?
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EB2_Jun03_dude
11-29 04:15 PM
yes I did. Here are my details
PD: EB2 India - Jun03
I140 approved: Nov 05
I-485 applied: Jun 05
FP1: Jul 05
FP2: May 07
AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.
PD: EB2 India - Jun03
I140 approved: Nov 05
I-485 applied: Jun 05
FP1: Jul 05
FP2: May 07
AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.
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green007
07-17 06:05 PM
I Am Going To Make My Contribution Now.this Devolopment Clearly Shows The Edge Of A Forum Like This.this Forum Will Be A Great Help For All Our Future Legal Immigrants. We Also Came To Know The Organisations Like Aila Or Alia Or Murthy.com Or Immigration.com All Work On Certain Interest And Immigration Voice Is Working With Only Our Interest.hare Krishna Hare Rama To Iv.conratulations To All Members. :) :) :) :) :) :) :)
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stupendousman11
12-05 12:55 PM
Any updates on the IV Chat? Are the transcripts available anywhere?
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telekinesis
10-15 08:06 PM
nocturn.net is not the site I think I am looking for lol, do you have another link?
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jasmin45
08-02 04:27 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
Status changes after your I-485 is approved. Not when your 485 is pending.once they approve your AOS application (I-485), your G card will be ordered for printing and eventually will get ship to you.
Status changes after your I-485 is approved. Not when your 485 is pending.once they approve your AOS application (I-485), your G card will be ordered for printing and eventually will get ship to you.
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imh1b
07-29 02:21 PM
My lawyer says there is going to be about 5-10K spillover from Family to employment based. Gurus can you estimate how much dates will move if that happens. I am hoping nothing for EB3 though :(
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
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danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
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RNGC
02-11 03:40 PM
It worked before...I had uploaded in the NY/NJ yahoo user group. Did someone delete it from there ? Not sure. Anoone know of free sites where I can upload the files ?
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breddy2000
08-19 09:48 PM
Me too getting worried about my wife's status...
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
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helpfriends
04-15 10:44 AM
Hi,
Is it legal to come here and work while waiting for an L1 visa. This person(not myself) arrived on an I-94 Visa waiver with full knowledge, worked during that week while waiting for their L1A non-immigrant application to be approved(week later). Please advise. What are the ramifications of this once its passed or immigration finds out?
Thank you for your assistance.
Is it legal to come here and work while waiting for an L1 visa. This person(not myself) arrived on an I-94 Visa waiver with full knowledge, worked during that week while waiting for their L1A non-immigrant application to be approved(week later). Please advise. What are the ramifications of this once its passed or immigration finds out?
Thank you for your assistance.
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pune_guy
10-05 02:39 PM
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
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aardee
09-07 01:53 PM
Just consulted a lawyer and he gave me following solution:
2 applications (1) F1 visa application; (2) I-212 Waiver.
I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .
Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .
2 applications (1) F1 visa application; (2) I-212 Waiver.
I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .
Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .
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newuser
05-14 04:40 PM
Thanks for the update and we are still here to support the efforts of IV.
EndlessWait
01-15 11:53 AM
lol.. i love this capitalistic society...
gparr
March 3rd, 2004, 08:12 PM
Fred, you're killing me! That comedy routine is getting really good! ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
I like the every-angle view. Reminds me of a kaleidoscope. How did you get the camera to put that many images on one frame? I doubt even the MKII will be that fast. ;)
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