rajuram
06-06 09:32 AM
I also got the interview letter today in Dallas. mine is also PD Jul 2003, EB3 India
Did you see any LUDs in the recent past?
Did you see any LUDs in the recent past?
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desi3933
05-11 08:30 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
......
>> In this case they are eligible for FB2A. So it nullifies that.
No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
......
>> In this case they are eligible for FB2A. So it nullifies that.
No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
______________________
Not a legal advice
US citizen of Indian origin
grupak
03-28 11:09 AM
also, category selection (eb2, eb3 etc ) is not persistent in the session
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
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amitjoey
06-09 12:43 PM
Even though your pd is current, It is quite possible that they have not assigned a visa number yet to your case. So they are probably assigning by order of PD's
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
Example: Sept 2003, before Oct 2003,....So on..so they are assigning earlier PDs Visa numbers first.
Second possibility is that there could be too many eligible before your date or exactly your date and in which case they will go with RD..which in your case is July 2nd, 2007. There could be people with 485 RD's in 2005 when the dates were current.
This is pure guess work and speculation, I really do not know how they do this. But if they really have enough visas for EB2, yours will still be current next month.
-------------------------------------------
India EB3- PD: June 2003
Contributed $480 + Monthly Recurring contributor.
more...
Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
ChalapathiChitturi
11-01 04:22 AM
When I filed my 485, I gave My company address in all the applications. My company is in Washington State.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
more...
gopi246
03-20 11:12 AM
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
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sara_apk
04-16 04:05 PM
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?
You can hope to get the refund and if not write to uscis and they are honest about these things.
Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?
more...
ramaonline
09-24 07:07 PM
uscis may come out with a rule that would exclude h4 time from h1 time. As of now, the rule has not published which means ur h1 time includes time spent in h4 status. please check with ur attorney about the expected publication of the
rule.
rule.
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krishnam70
07-17 06:19 PM
might serve IV community better if we contribute for funds...
Good job IV. We should not rest now and carry forward with the actual agenda of IV.
Good job IV. We should not rest now and carry forward with the actual agenda of IV.
more...
willigetagc
09-06 01:13 PM
I finally got my AP, 15 days after my EAD (100 days total) . I was happy to open the packet, until this......
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Awww, come on!!! stop cribbing. Here check out this link for some help. :D
http://www.plasticsurgery.org/
THEY SENT ME MY AP WITH SOMEONE ELSE'S PICTURE!!!!!!!
Everything else is Correct (address, DOB, A# etc...)
GURUS, please advise what should I do...... I am so pissed!!!!! Thankfully my EAD has the correct pic.... I had done an E-file....June 7th and my previous AP expires Sept 20
Awww, come on!!! stop cribbing. Here check out this link for some help. :D
http://www.plasticsurgery.org/
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kaisersose
07-11 06:16 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.
Short answer - No potential problems.
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.
Short answer - No potential problems.
more...
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nviren
03-24 05:34 PM
To me it looks like a good channel to sell anti-immi books written by Roy Beck and Leon Kolankiewicz
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shx
02-12 08:12 PM
Just to let you know.... I got my labor approved in EB2, with MS + 1 year experience. You can try this option too.
more...
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dcrtrv27
11-13 03:14 PM
I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.
Gurus?
WOM means Writ of Mandamus. Its filing a case against USCIS when you case has been unnecessarily delayed. You need to exhaust all venues before approaching the court
To my knowledge there is no way to expedite the AOS process.
Gurus?
WOM means Writ of Mandamus. Its filing a case against USCIS when you case has been unnecessarily delayed. You need to exhaust all venues before approaching the court
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rb_248
01-08 02:46 PM
I read on www.immigration-law.com
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
http://thomas.loc.gov/cgi-bin/bdquery/D?d111:8:./temp/~bdW24V::|/bss/111search.html
H.R.264
Title: To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.
Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 1/7/2009) Cosponsors (None)
Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Text:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.264:
I don't think they will act on this until the economic issues are resolved.
01/08/2009: Bill Introduced in the House for Comprehensive Immigration Reform
Rep> Sheila Jackson-Lee of Texas introduced H.R.264 yesterday to amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes. For the full text of the bill, please stay tuned.
http://thomas.loc.gov/cgi-bin/bdquery/D?d111:8:./temp/~bdW24V::|/bss/111search.html
H.R.264
Title: To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.
Sponsor: Rep Jackson-Lee, Sheila [TX-18] (introduced 1/7/2009) Cosponsors (None)
Latest Major Action: 1/7/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Text:
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.264:
I don't think they will act on this until the economic issues are resolved.
more...
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krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
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lazycis
12-22 08:48 AM
Appreciate all of your valuable inputs.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
Check "Date received" field on the I-485 receipt notice. Do you have it? That's the date you should be using to count 180 days. Notice date does not really matter.
You do have to use AC21 if you want to keep GC process alive and yes, may get RFE. You do not have to notify the USCIS about the job change, but keep your employment offer handy in case RFE will follow. If you notify them, most likely RFE will follow, if not, you may never get RFE. Some people think it's safer to notify the USCIS, but I think it's better not to. It's up to you to decide.
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kaarmaa
02-10 02:40 PM
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
what initiatives? Never seen any publicized...
what initiatives? Never seen any publicized...
indyanguy
10-17 06:48 PM
If you open a company on EAD, you are eligible for any positions that pay by W2 right?
ilwaiting
06-15 03:30 PM
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
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