gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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nlssubbu
10-05 04:13 PM
Just to add My I 140 approved from the first company.
You have two options in this situation.
1. File an amendment to the approved I-140 based on Merger / Acquisition
2. Once you got EAD, invoke AC 21 and can continue with your employer.
I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]
Thanks
You have two options in this situation.
1. File an amendment to the approved I-140 based on Merger / Acquisition
2. Once you got EAD, invoke AC 21 and can continue with your employer.
I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]
Thanks
santb1975
12-08 11:13 PM
until I started tracking some immigration debate's this year.
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DSLStart
03-10 09:20 AM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
more...
shana04
05-18 05:42 PM
C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.
Day of first entry not the day of last entry.
But you have gave me a valid point.
I am working with an attorney and would let you know the progress. It might be helpful for at least few.
sweet_jungle
12-29 06:26 PM
3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney
Getting I-140 approval copy is not possible.
I only have case number prinout.
anyways, it is not a big deal. Worst case, I will get 1 year extension.
It is not going to deter me from exercising AC-21.
Getting I-140 approval copy is not possible.
I only have case number prinout.
anyways, it is not a big deal. Worst case, I will get 1 year extension.
It is not going to deter me from exercising AC-21.
more...
eb3_nepa
08-14 04:16 PM
never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
Paskal maybe you should call up USCIS NSC and ask them the names of all their Mail room clerks. Tell them ur calling on behalf of Homeland security!:p
Then call up UPS, USPS, DHL and Fedex to get the common times when the delivery trucks stopped by NSC to drop off applications and threaten to sue them if they dont give u exact details of number of applications dropped off with each delivery. Once again tell them its a matter of national security!!
Finally create a POLL of Delivery Times v/s Mail room clerk and combine all threads. ;)
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murali77
09-16 03:10 AM
What does this mean ?
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
"Our electronic records show that your application is with the adjudications officer for review."
EB2
PD JAN-06(NSC)
Thanks
more...
sameer2730
02-03 08:54 AM
Should it be the date you last received a valid I-94 at the POE or the date you entered from canada or mexico using AR?
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itstimenow
08-08 03:31 PM
I am not sure what it is misdemeanor or felony. I received an arrest warrant mail to report to police station I went and I was fingerprinted/photographed. I was asked to pay the traffic court fine and that is it.
Check this if it's a misdemeanor activity. You can call court in your county, give them yr docket/case number and find it out. Hope this helps.
Check this if it's a misdemeanor activity. You can call court in your county, give them yr docket/case number and find it out. Hope this helps.
more...
2008FebEb2
09-22 11:28 AM
Not many cases in 2007 and 2008.
Looks like people got p1ssed off and not applying anymore in EB2 2008:p
Looks like people got p1ssed off and not applying anymore in EB2 2008:p
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pappu
07-01 11:25 PM
You need not worry about maintaining your H1B status in order to file for 485. Your 140 is already approved so when your date arrives to file for 485 you can file for it from Canada. You can come and work again based on your 485. You may go for councellor processing for your GC and get it outside the country. Councellor processing might even be faster than waiting inside US at 485 stage for long times until one finally get actual GC in hand.
I commend your planning and applying for Canadian PR in time as plan B.
I commend your planning and applying for Canadian PR in time as plan B.
more...
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eadguru
10-31 08:19 AM
Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
----------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/17/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24 from VSC. Received 11/01
AP - RFE for clear copies of PP 10/31
No Finger Prints
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
----------------------------------------------------
I-1485/131/765 Sent to TSC on 08/03/07
(TSC -> VSC -> TSC). ND=10/17/07.
I-485 transferred to TSC on 10/17/07
EAD card ordered on 10/24 from VSC. Received 11/01
AP - RFE for clear copies of PP 10/31
No Finger Prints
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mhtanim
06-07 09:51 PM
After sending RFE response, I got 1st LUD on 06/02/2009 with message change.
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009
more...
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raysaikat
09-02 08:43 AM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
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uimv
03-13 02:25 AM
Hello,
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):
1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?
2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?
Than You.
more...
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Slider16
05-29 09:34 PM
Charleh,
Thank you for the clear, concise reply. That is exactly what I needed and it works fine. You're right, I will have to read up on the tableadapters. After getting your suggestion working, I immediately wanted go to designing a small form to manage my metadata tables.
I will start another thread regarding that, however. I want to ask about enforcing referential integrity and self-incrementing unique id's.
Thanks again.
Slider16
Thank you for the clear, concise reply. That is exactly what I needed and it works fine. You're right, I will have to read up on the tableadapters. After getting your suggestion working, I immediately wanted go to designing a small form to manage my metadata tables.
I will start another thread regarding that, however. I want to ask about enforcing referential integrity and self-incrementing unique id's.
Thanks again.
Slider16
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alterego
03-20 07:32 PM
Online updates are sometimes late. There are cases of people getting their green cards last year in the visa bulletin fiasco with no online updates. You should not rely on that. Your friend needs to get your attorney to act on this ASAP and sort it out. After all if you don't know why it was rejected you have no chance to rectify it.
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mhtanim
02-11 06:00 PM
Count me in. No FP Notice yet.
t4930pd
10-20 01:27 PM
4th grader at USCIS decides the future of highly educated people! What a "JOKE".
trueguy
10-20 01:37 PM
They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing
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