bijualex29
06-22 07:53 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Dhundhun
04-29 06:19 PM
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Thanks Gbof. I remember of writing check correctly.
karthkc
03-18 01:38 PM
what is GC sponser? ABC company couldnt find a project for me. So i am on bench.
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
anilsal
01-11 03:03 PM
toward IV activities. It will not only bring you hope, peace and sense of something noble but also will benefit your cause.
Thanks for coming forward with your frustration.
Thanks for coming forward with your frustration.
more...
sayonara
09-11 05:17 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Nope...And he is one of those who stops answering if there are too many questions...maybe i will get these answers next week :rolleyes:
simple1
06-03 02:00 PM
fool's post. yes you are.
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
more...
ujjvalkoul
07-19 11:24 AM
Calculations do not matter. Its all politics. US Govt is playing us for fools. They will manipulate the numbers to suit themselves as and when they wish.
chanduv23
09-03 10:13 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
Let me know
Thanks for letting us know. It will most probably be an after lunch event stretching through evening, so I guess you can make it
more...
texcan
08-25 10:06 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.
To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.
I will apply for extension based on your labor certificate for one year, if your i140 is denied your extension is still valid and you can refile i140.
To me applying for extention is covering your risk...better safe then sorry especially due to some body elses fault.
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.
axp817
03-19 01:33 PM
Lifelock, ~$10 a month.
more...
styrum
02-13 11:14 PM
No, MS+0 is still Job zone IV (SVP level 7: Over 2 years up to and including 4 years of "Specific Vocational Preparation")). There is plenty of software developer position codes in zone IV: 15-1031.00 - Computer Software Engineers, Applications, 15-1032.00 - Computer Software Engineers, Systems Software,
15-1021.00 - Computer Programmers. However, if you (your employer) can claim in the position description (and on the prevailing wage request) that you manage other people, then you can chose, say, 11-3021.00 - Computer and Information Systems Managers, and that is job zone V, so you can require both MS and some experience when advertising it.
15-1021.00 - Computer Programmers. However, if you (your employer) can claim in the position description (and on the prevailing wage request) that you manage other people, then you can chose, say, 11-3021.00 - Computer and Information Systems Managers, and that is job zone V, so you can require both MS and some experience when advertising it.
HOPE_GC_SOON
07-19 04:35 PM
Thanks Meridiani.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.
Let's keep fingers crossed..
Thanks,
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
more...
jimcourier
06-08 08:29 PM
Good news..
Status changed to :- Approval notice sent.
Boy oh boy..what a thriller..
Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)
Status changed to :- Approval notice sent.
Boy oh boy..what a thriller..
Thanks for all your comments and wishes, I will update this thread, when I hopefully get the visa stamped and come back into the country :)
whattodo
07-09 10:53 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
more...
gbof
05-10 09:32 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Ya, Get a paid consultation....
It needs to be out before the end of 2nd week of every month
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
Ya, Get a paid consultation....
It needs to be out before the end of 2nd week of every month
kondur_007
08-16 06:29 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
more...
bbenhill
02-27 02:48 PM
either way .. you can not file because I485 because ur PD is 2008, so need to wait for awhile (not sure when). please check visa bulletin every month. if it reach your PD then you can file for I485.
ps : give me green if this helps.
Thx
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
ps : give me green if this helps.
Thx
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
peacocklover
12-01 08:33 AM
Ya, I think that could be a problem if they make it current again. Instead of messing up with influx of applications again like in July 2007, they can gradually move dates from July 2007 to Jan 2008 (six months) or July 2008 (a year) ahead in EB2 category, In that way it will not clog the system and will justify people who are sincerely waiting in the line until now and also for future movement.
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
paritp
03-04 04:34 PM
congratulations.!!!!!!!!!!!!!!
Junky
10-15 08:18 AM
Send you a PM. Please reply back at your earliest.
Thx
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
Thx
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
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