kevinkris
08-16 02:32 PM
I think its ok. I am in the same boat. But the applicaiton will be transfered to TSC.
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated
Not sure how long it will take.
If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:
huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..
Thanks for your answers. Really appreciated
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gk_2000
02-15 03:24 PM
Time to pick up the patthar (stone) in your hands.. let the fun flow ! :D
raj3078
07-27 12:40 PM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
If it is filled, it is okay, not filled, still it is okay... Its probably more important for East Asian countries who do not work in English such as Korea or China. For the places which works in English, its no big deal...
Please note that the form is intended to help Law Agencis in USA such as FBI/CIA to find authenticate the info provided by you. They might contact your home country cops to find out more about you. In case where home country cop may not know English, they would want to know native lang name so that Home Country cop can read it....Most places can read-write English now a days....So this is not an issue....
I think this is somewhat legacy requirement which was important 40 years back but not anymore
If it is filled, it is okay, not filled, still it is okay... Its probably more important for East Asian countries who do not work in English such as Korea or China. For the places which works in English, its no big deal...
Please note that the form is intended to help Law Agencis in USA such as FBI/CIA to find authenticate the info provided by you. They might contact your home country cops to find out more about you. In case where home country cop may not know English, they would want to know native lang name so that Home Country cop can read it....Most places can read-write English now a days....So this is not an issue....
I think this is somewhat legacy requirement which was important 40 years back but not anymore
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Canadian_Dream
06-18 02:31 PM
That's NOT right. AC-21 Yates Memo states that:
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
more...
sk.aggarwal
04-07 09:37 AM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
vensun
05-19 04:27 PM
I know it is basic question, but after reading the thread just got dought.
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
I am planning to use AC21 soon, if my employer revokes I 140, is that going to effect my case?
My details:-
Worked employer for 4 years
Labour substitution 2.5 years back
I 140 approved 2 yrs back(06/2006)
I1485 filed in July 2007
Thanks,
Ven
more...
krucie
03-17 01:41 PM
My thought was the same as yours in that by attaching my 485 receipt notice, and 140 approval notice when my spouse files for his 140/485, we can just inform USCIS at that time to connect our 485 applications. Based on that, once my spouse gets his green card, I would get mine as well.
I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.
What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?
I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.
What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?
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eron19
10-19 05:07 AM
You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.
no that just keeps us on our toes :hugegrin:
no that just keeps us on our toes :hugegrin:
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mariner5555
01-08 01:55 PM
well but one day or the other you have to change it. it is easy to change on SSN ..is it easy to change on EAD and 485 ?
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gonecrazyonh4
03-21 11:03 AM
I was not able to log into the link, it directs public to immigration lawyer..
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Saralayar
08-05 01:36 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
I wish Pappu's words become true...;)
I wish Pappu's words become true...;)
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brb2
08-27 07:50 AM
Yingli
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
more...
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nousername
02-25 04:35 PM
You are wrong, H1 by it's definition is a dual intent visa. On the other hand F1 is where it is assumed that you will go back after completing your education.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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GC_1000Watt
02-01 03:24 PM
How about multiple submissions? :D
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pictures #39;56 FJ Holden ute 005
number30
04-09 06:28 PM
If you do so, your 485 will get abonded, as you travelled without parloe when you are in AOS. If you want to protect 485, you must get AP before leaving. H1B visa will be usefull, only if you maintain H1 status just before leaving US and resumes H1 after arrival.
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
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chvs2000@yahoo.com
08-17 12:23 AM
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
more...
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happy1
08-14 05:12 PM
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
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thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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amirani
03-06 01:42 PM
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
maverick_s39
01-13 06:05 PM
hi sathweb
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
americandesi
05-19 02:34 PM
AC21 letter can be sent to USCIS, but as everyone says its not a must.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
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