seeking_GC
08-14 10:13 PM
Take an infopass appointment or call USCIS customer service. However there is no guarantee that whatever they tell you is correct.:mad:
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?
glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
Raj_2009
08-19 10:39 AM
Hi,
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
I belong to Virginia. But Virginia office does not have the dates available for next 2 months. Can I visit to the neighbouring Maryland state USCIS local office for Information. Is it legal and valid to go to Other local office for information?
Thanks,
Raj
raj2007
06-23 09:31 AM
My lawyer have said that I need to submit last year's tax return.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
more...
dhirajs98
07-12 01:24 PM
Hello Friends,
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
The current labor belongs you b/c I-140 has been approved. Secure your current approved LC and I-140 documents and then move on to the new employer's pay roll.
All the best ...
chi_shark
06-16 09:43 AM
1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
more...
LostInGCProcess
02-04 04:48 PM
need to travel in few days and my AP is about to get approved.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
BECsufferer
02-11 07:45 PM
Please don't go with my above comment. That was in lighter mood. But what do you guys think about another round of Gandhigiri campaing?
Last one worked quite well. Kudos to those to made it success.
Last one worked quite well. Kudos to those to made it success.
more...
funnymdguy
11-16 12:36 PM
Take infopass appointment, speak to IO and go from there. at the worst case, you will have to reapply and sit tight for 90 days.
Somehow, the place where I live...Phoenix...USCIS does not offer Infopass appointments...any idea what to do then?
Somehow, the place where I live...Phoenix...USCIS does not offer Infopass appointments...any idea what to do then?
gccovet
06-12 05:30 PM
Hi All,
I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.
Company B has bought Company A. What should I do now?
1) Do I have to ask them to file a fresh H1?
2) how would the GC process be transfered to the new company that took over?
I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.
Can someone shed some light on this scenario?
Thanks,
RC:o
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.
Company B has bought Company A. What should I do now?
1) Do I have to ask them to file a fresh H1?
2) how would the GC process be transfered to the new company that took over?
I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.
Can someone shed some light on this scenario?
Thanks,
RC:o
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
more...
carbon
05-31 12:38 PM
How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !
nc14
10-25 11:33 AM
Please give your fair share folks (volunteer for time or your contribution). If nothing else become a monthly contributor so that IV can pursue our objectives with one less thing to worry about. Every individual matters, get yourself counted by not just posting but contributing for your only chance to get out of this mess.
more...
innervoice
01-20 12:30 PM
I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and still the status hasn't got updated, called several times USCIS but no luck.
hobbyaddict
December 3rd, 2008, 04:22 PM
It's here! On time, and as described in ad. This weekend it will get it's first workout... Reading up on new features. I am going to set a few test "banks" (pre-sets) based on last years experience at that facility. Hoping that only minor tweaks are necessary once there.
Fun...
-Ed
Fun...
-Ed
more...
keerthisagar
12-21 07:41 AM
I am all up for it & won't mind doing it all...
This is good idea - call for members to join the effort. You can count me in.
This is good idea - call for members to join the effort. You can count me in.
roseball
07-28 04:36 PM
Hi Friends,
I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.
May be its my wild hope... still..
If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?
Thanks,
Immi_Chant
I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.
I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.
May be its my wild hope... still..
If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?
Thanks,
Immi_Chant
I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.
more...
coopheal
02-19 05:24 PM
To people who know about options after returning on AP,
Please summarize it on the wiki.
http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit
Thanks,
Coopheal
Please summarize it on the wiki.
http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit
Thanks,
Coopheal
Sachin_Stock
09-14 06:09 AM
Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)
kondur_007
09-22 03:09 PM
Hello IVans,
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).
I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).
TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
I did not believe it at that time (July). However, looking at the flow of approvals from even NSC (they processed my case filed in April 2008); I now believe that I 140 premium processing will resume soon (in next couple of months).
I am not sure how will they phase it in; may be first for all new filings and/or for people with current PD and then more widespread (hopefully based on PD).
TSC has been processing 2008 cases since past 3 months and NSC is doing so for at least a month now (they seem to have processed July/Aug cases for the past 10 months). Also, the first couple of quarters will be slow as far as I 485 processing goes...so they can probably concetrate on I 140s and resume flow of MONEY :p
Desiguy786
04-02 03:35 PM
Gurus/Attorneys,
My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??
Any inputs/suggestions are greatly appreciated!!
My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??
Any inputs/suggestions are greatly appreciated!!
sundevil
07-05 04:38 PM
Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
labor Substitution ....Heloooo!!!!
labor Substitution ....Heloooo!!!!