swaroopmukka
07-18 10:47 AM
Hello,
I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.
Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.
Please suggest what should I do now ??
Thanks
I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.
Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.
Please suggest what should I do now ??
Thanks
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franklin
08-22 07:38 PM
Thanks for your reply. Everybody else is just teasing and making fun instead of answering a simple question.
(1) Are these steps taken in a sequence?
(2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
(1) Are these steps taken in a sequence?
(2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
logiclife
01-15 05:21 PM
Dont go for gun even after you get green card. You can think about it after your citizenship. Green is just another type of visa which can be taken away. You right are fully protected only after you become a citizen. Even there also there is a catch in case of Naturalised of teh govt wants to go after you you cant dig you history and find a violation and base don that void te GC you got and teh citizenship.
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.
If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
Read this article : http://www.law.com/jsp/article.jsp?id=1075219844830
This is story of a 84 year old Nazi from world war II whose citizenship was revoked. So even citizenship can be revoked.
If you want to own a gun, own a gun and follow proper procedures and laws related to gun ownership. You can be afraid of every little thing before you get your green card.
If you are going to immigrate, then immigrate and assimilate with pride and dignity and stop being afraid of every little thing that might eventually lead of revocation of any of your immigration statuses.
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makemygc
07-06 10:56 AM
It doesn't seem to be fair to people filing after July 2nd. It's causing backfire...
You are not reading it correctly. Lawsuit is not limited to July 2nd filers. That is the reason why attorney's are encouraging to file even now.
On your backfire note, you gotta read Pappu and logiclife postings about some people being happy about the July bulletin fiasco. Read it over the weekend. Those are great postings.
You are not reading it correctly. Lawsuit is not limited to July 2nd filers. That is the reason why attorney's are encouraging to file even now.
On your backfire note, you gotta read Pappu and logiclife postings about some people being happy about the July bulletin fiasco. Read it over the weekend. Those are great postings.
more...
pappu
02-25 09:43 AM
I am surprised...why IV is not raising this.. The fundamental issues of EB immigration wont' be solved until CIR happens and that could take forever. No one cares about immigration right now.. The only thing that can provide immediate relief for EB immigrants is if we express our desire to buy houses(unable to do so becoz of lack of GC).
Wakup IV!..where art thou'
We already ran a campaign http://immigrationvoice.org/forum/showthread.php?t=21665
How many of you took part in it?
There was a funding drive recently and also in the last quarter of 2008. Total contributions in the last 6 months have been too little to engage in a full fledged lobbying effort on any issue. Despite that we pushed through.
Before we start blaming IV core, let us see if we are all ready to take part in IV action items. If people do not take part in any action item and support IV en masse then success will be hard to come by.
Wakup IV!..where art thou'
We already ran a campaign http://immigrationvoice.org/forum/showthread.php?t=21665
How many of you took part in it?
There was a funding drive recently and also in the last quarter of 2008. Total contributions in the last 6 months have been too little to engage in a full fledged lobbying effort on any issue. Despite that we pushed through.
Before we start blaming IV core, let us see if we are all ready to take part in IV action items. If people do not take part in any action item and support IV en masse then success will be hard to come by.
pappu
05-31 10:09 AM
FAQs for Dc advocacy days
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1597944-advocacy-days-frequently-asked-questions.html#post1961366
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Macaca
08-12 11:23 AM
Pending cases = EB + Family + Refugee + Asylum + ... = Backlogged cases + Unripe cases = 1,275,795 (page 11) + 1,316,740 (Figure 1, page 14) = 2,592,535 (as of March 2007)
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
What is an unripe case?
even if the application or petition were approved today, a benefit could not be conferred for months or years to come. (page 11)
cases that do not have an available visa or an FBI name check, and cases that are in suspense for other reasons deemed beyond USCIS’ control (page 12)
There will be severe consequences from rapid fluctuations in priority dates.
If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card.
Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications.
As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates.
Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years.
In addition, all future employment-based green card applicants effectively would be barred from applying for many years.
(From page 35 of Ombudsman's Report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf))
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realizeit
05-28 05:35 PM
WeldonSprings has a very valid point!
The following link shows the calendar entry for the senate hearing on "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law".
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
Folks, democrats are really serious about this bill. This hearing is not at the Immigration subcommittee level instead it is at the FULL JUDICIARY COMMITTEE level. That says, they are really serious about this bill.
Also, in my previous response (quoted below), there is an audio link in which Senator Menendez clearly says something: This bill S 1085 is a pre-cursor to the comprehensive immigration reform. That means, this is like building a border, which is the pre-cursor that anti-immigrants are asking for. Anti-immigrants often argued that, before dealing with the Undocumented immigrants issue, we need to make sure the problems with the Legal immigration should be fixed and the laws should be enforced including border protection. Democrats are using that point to fix the existing problems of the legal immigration system as a pre-cursor to the CIR which will deal with the fate of the Undocumented immigrants.
So, folks even if there is no chance for the passage of CIR this year, passage of a PRE-CURSOR bill is very much possible. Now the Full Senate Committee hearing shows something - Democrats are showing the will to deal with this issue (at least at the Legal Immigration front).
Iron is getting hotter....May be it's just a matter of time to find out when we can strike.
There is so much momentum - I think, IV should join this bandwagon.
If groups supporting employment based immigration like IV are not there to explicitly support this bill, during the mark-up of this bill, our recapture clause could get eliminated under pressure.
The following two links show the amount of support from other family based groups:
Conference call audio (including Senator Menendez):
http://advancingequality.org/attachments/files/228/052009-9413590.mp3
Group Website (Asian American Justice Center):
http://www.advancingequality.org/immigrationpubs/
The following link shows the calendar entry for the senate hearing on "The Uniting American Families Act: Addressing Inequality in Federal Immigration Law".
http://judiciary.senate.gov/hearings/hearing.cfm?id=3876
Folks, democrats are really serious about this bill. This hearing is not at the Immigration subcommittee level instead it is at the FULL JUDICIARY COMMITTEE level. That says, they are really serious about this bill.
Also, in my previous response (quoted below), there is an audio link in which Senator Menendez clearly says something: This bill S 1085 is a pre-cursor to the comprehensive immigration reform. That means, this is like building a border, which is the pre-cursor that anti-immigrants are asking for. Anti-immigrants often argued that, before dealing with the Undocumented immigrants issue, we need to make sure the problems with the Legal immigration should be fixed and the laws should be enforced including border protection. Democrats are using that point to fix the existing problems of the legal immigration system as a pre-cursor to the CIR which will deal with the fate of the Undocumented immigrants.
So, folks even if there is no chance for the passage of CIR this year, passage of a PRE-CURSOR bill is very much possible. Now the Full Senate Committee hearing shows something - Democrats are showing the will to deal with this issue (at least at the Legal Immigration front).
Iron is getting hotter....May be it's just a matter of time to find out when we can strike.
There is so much momentum - I think, IV should join this bandwagon.
If groups supporting employment based immigration like IV are not there to explicitly support this bill, during the mark-up of this bill, our recapture clause could get eliminated under pressure.
The following two links show the amount of support from other family based groups:
Conference call audio (including Senator Menendez):
http://advancingequality.org/attachments/files/228/052009-9413590.mp3
Group Website (Asian American Justice Center):
http://www.advancingequality.org/immigrationpubs/
more...
shana04
02-23 09:39 AM
Hi All,
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
I filed my I485 in 08/05 and my labor date is 07/05 in perm. My I140 got approved in 2007.
I was in bench for around 6 months in 2008 starting from Jan 1st to 06/20th. I took full time position in last week of 06/08 and continuing in the same job. I got RFE on my I485 and asked for employment verification in 12/09. My attorney replied with presnt employment letter and applied for AC21 also at the same time. Now i got another RFE asking for last 5 years employment letter, w-2 forms and tax returns.
Can some one please let me know how i can handle the period that i was in bench in 2008.
Thanks,
Chandra.
Facts:
Labor: July 2005
485 File Date: Aug 2005
I 140 Approve Date: <Mon> 2007
On Bench: Jan 2008 to Jun 20th 2008
Working with new employer since: June <last week> 2008
RFE: Dec 2009 (for EVL) filed AC21
second RFE on last 5 yr employement, W2 and Tax returns
Instead of Assumtions, answer the following questions may be others can give some guidance before you talk to your attorney
Questions:
1. When did you start using EAD
2. If you were on H1 before Jun 2008, then did you file taxes for the appropriate amount for 2008. if not you have an option of tax amendement and you can talk to your previous employer and if he does not agree you can file a case on him and he has to do back wages and that if fine according to law.
If you filed taxes appropriate to 2008 then you are just fine
talk to your attorney about back wages and he can send a letter to your previous employer or you can talk to your previous employer in case you missed taxes in 2008 assuming you were on H1 else if you have used EAD for half the period then you should be able to show taxes for first half.
Please provide all the facts before some one can help
good luck and keep posted with updates
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h1techSlave
04-17 02:45 PM
Yes but in Canada you will breathe clean air and drink clean water. You will have electricity 24 hrs a day and water 24 hrs a day. You wont find trash on the street and you wont be considered second class citizen if you arent SC/ST/OBC due to reservations. You woint have to give "donations" to get your kid admitted to Class 1. You wont face a system where a simple court case drags to 50 yrs or a case where doctor will not treat if before police does a "Panchnama" if you had an accident. You wont have to bribe everyone from minucipality to police to start a business.
I have driven in and around Toronto for a couple of hours and did not find it much better than driving in Trivandrum/Cochin.
Other points, I can only talk relating to the US and here we go.
"you will breathe clean air and drink clean water." - The air in the US is as polluted as that in India as attested by the rising level of Asthma and the repeated Code Red warnings during summer time. Almost same story for water. About a year back, the DC govt. even admitted that the water supplied by them contains too much bad stuff.
"You wont find trash on the street" - only when you live in a decent community. Just walk around half an hour around NorthEast DC and hope you will change your mind. Do not attempt to walk around the downtown of any US city after 6 PM. We don't want to loose any of the IV members.
"you wont be considered second class citizen if you arent SC/ST/OBC due to reservations." - Who is considered second class citizens is a subject unto itself. But if you are complaining about reservations, you have never heard of affirmative action.
"You woint have to give "donations" to get your kid admitted to Class 1." - Agreed public schools are free, just like they are free in India. If you want your kid to study in a private school, please pay $5000 per year.
"You wont face a system where a simple court case drags to 50 yrs" - I had prefer a case dragging for 50 years or more against a wrong court decision such as we saw during the 2000 US presidential election.
"a case where doctor will not treat if before police does a "Panchnama" if you had an accident" - I think the situation in India has now changed regarding hospitals refucing to treat people due to police case and such. Now, all hospitals (private hospitals included) are required to treat traffic accident victims asap.
I am not trying to say, India is paradise. We have lots of crap going around. Many things still stink, but so is the situation in many "great" countries.
Cheers,
h1techSlave
I have driven in and around Toronto for a couple of hours and did not find it much better than driving in Trivandrum/Cochin.
Other points, I can only talk relating to the US and here we go.
"you will breathe clean air and drink clean water." - The air in the US is as polluted as that in India as attested by the rising level of Asthma and the repeated Code Red warnings during summer time. Almost same story for water. About a year back, the DC govt. even admitted that the water supplied by them contains too much bad stuff.
"You wont find trash on the street" - only when you live in a decent community. Just walk around half an hour around NorthEast DC and hope you will change your mind. Do not attempt to walk around the downtown of any US city after 6 PM. We don't want to loose any of the IV members.
"you wont be considered second class citizen if you arent SC/ST/OBC due to reservations." - Who is considered second class citizens is a subject unto itself. But if you are complaining about reservations, you have never heard of affirmative action.
"You woint have to give "donations" to get your kid admitted to Class 1." - Agreed public schools are free, just like they are free in India. If you want your kid to study in a private school, please pay $5000 per year.
"You wont face a system where a simple court case drags to 50 yrs" - I had prefer a case dragging for 50 years or more against a wrong court decision such as we saw during the 2000 US presidential election.
"a case where doctor will not treat if before police does a "Panchnama" if you had an accident" - I think the situation in India has now changed regarding hospitals refucing to treat people due to police case and such. Now, all hospitals (private hospitals included) are required to treat traffic accident victims asap.
I am not trying to say, India is paradise. We have lots of crap going around. Many things still stink, but so is the situation in many "great" countries.
Cheers,
h1techSlave
more...
nixstor
10-10 05:23 PM
kayal,
AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.
talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.
AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.
talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.
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pappu
05-27 02:15 PM
We anticipated such bills from various interest groups: nurses bill, Ag Jobs bill etc are also introduced. Watch out for CIR developments at this time.
more...
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admin
02-24 02:29 PM
This is my third post regarding this topic. I have made my contibution and urged all my friends to do the same. [B]Can we sell some add space[B]. If we can have more broad immigartion related topics like proceesing times, more people visit and we can probably sell some add space
Raju,
Thanks for your suggestion. I did query about the kind of advertising that we can do. It doesn't look like we'll get much money. Since most of the people are viewing the forums and forums typically have low advertising rates because people using them tend to be highly engrossed in the topic.
Still thanks for your opinion.
Raju,
Thanks for your suggestion. I did query about the kind of advertising that we can do. It doesn't look like we'll get much money. Since most of the people are viewing the forums and forums typically have low advertising rates because people using them tend to be highly engrossed in the topic.
Still thanks for your opinion.
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uma78
11-17 10:11 AM
Hello H1b Guy,
I am sorry for the situation you are in. The employer should be punished. Let me ask you:
1. do you have any email correspondance with the employer asking you pay for h1b fee?
2. if you don't then pose him a question using office email something like "how much is still pending on my h1b fee that i owe you (replace you)". Address this to HR or Payroll or the boss it self. Wait for the reply, and then take copy of it for record purpose.
3. if '2' does not work then wire tapping is way to go:
http://www.citmedialaw.org/legal-guide/new-jersey/new-jersey-recording-law. As per the law in New Jersy, one party should be notified and if you are recording you conversation, you are the one party and the other do not have to be notified. Are you using voip in the office? if so use wireshark to record the conversation. If not then there are devices available outside for cheap to do it.
I am not a lawyer, please do some more research and then find a way. If you really want to trap these type of guys there are tons of legal ways to do it. Hope, this helps. Take care. All the best.
Uma
I am sorry for the situation you are in. The employer should be punished. Let me ask you:
1. do you have any email correspondance with the employer asking you pay for h1b fee?
2. if you don't then pose him a question using office email something like "how much is still pending on my h1b fee that i owe you (replace you)". Address this to HR or Payroll or the boss it self. Wait for the reply, and then take copy of it for record purpose.
3. if '2' does not work then wire tapping is way to go:
http://www.citmedialaw.org/legal-guide/new-jersey/new-jersey-recording-law. As per the law in New Jersy, one party should be notified and if you are recording you conversation, you are the one party and the other do not have to be notified. Are you using voip in the office? if so use wireshark to record the conversation. If not then there are devices available outside for cheap to do it.
I am not a lawyer, please do some more research and then find a way. If you really want to trap these type of guys there are tons of legal ways to do it. Hope, this helps. Take care. All the best.
Uma
more...
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survivor007007
09-09 09:55 AM
Did you get copy of approval notice for I-140? I mean I-797 approval notice for I-140.
I got only I-140 application copy with labor and not the approval notice with the help of FOIA.
You're welcome.
Yep. Got copies of labor, I-140 forms and approvals via FOIA. :)
I got only I-140 application copy with labor and not the approval notice with the help of FOIA.
You're welcome.
Yep. Got copies of labor, I-140 forms and approvals via FOIA. :)
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she81
09-27 03:09 PM
In that case, people who sent flowers had their names on the messages too.
It's time we stop thinking of consequences - it can't be worse than it already is for us.
It's time we stop thinking of consequences - it can't be worse than it already is for us.
more...
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pushkarw
12-19 05:37 PM
When you want ride in a bus, you have to buy a ticket. I hope everyone agrees - at least that is the legal way :). The ticket to ride on the "Omni Bus" needs millions of dollars not thousands. Thousands lets you look inside the bus, not ride it.
LETS MARCH TO A MILLION! LETS BUY OUR OWN TICKET!
Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.
My wife's EAD was applied on July 30th. She didnot recieve her EAD for 90 days, hence we took a infopass appointment and went to the local office on 92 nd day. They have informed us that they had sent a RFE on 88th day of filing and we need to wait for another 90 days after we send a response to the RFE.
Strangely the RFE that she got is for Birth Certificate which is not a required document for EAD.
I did not read anywhere that 90day count starts from the day when a response to the RFE is sent.
LETS MARCH TO A MILLION! LETS BUY OUR OWN TICKET!
Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.
My wife's EAD was applied on July 30th. She didnot recieve her EAD for 90 days, hence we took a infopass appointment and went to the local office on 92 nd day. They have informed us that they had sent a RFE on 88th day of filing and we need to wait for another 90 days after we send a response to the RFE.
Strangely the RFE that she got is for Birth Certificate which is not a required document for EAD.
I did not read anywhere that 90day count starts from the day when a response to the RFE is sent.
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ars01
07-09 01:32 PM
Popoye,
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
You have a little tricky situation at hand, but you'll be okay if what you wrote is true - Your employer will not revoke your pending I-140. Not only that, they have to be nice enough to respond to any RFEs that come for your case. they can state that the imimgration application they filed for you is for a future position.
Also, USCIS has a guideline about these cases. They are supposed to see if your I-140 was 'approvable' if it had been adjudicated within 180 days or before you leave the company, which I think it should be.
I understand there are some anxious days ahead for you, but If I had to bet, I would bet on successful result of your case in the end :).
Just make sure that your old employer doesn't revoke your I-140
BTW, when was your I-140 filed?
cheers
The following is copied directly from a USCIS memorandum:
"If the Form I-140 (�immigrant petition�) has been approved and the Form I-485
(�adjustment application�) has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation.1 If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment."
Looks like I-140 must be approved to use AC-21.
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getgreened2010
10-18 12:56 PM
Can anyone tell me how to open an SR so that I can expedite my application on the basis of financial loss. I have applied for AP in august 2010 and I have travel plans in 1st week of December. Thanks in advance.
HOPE_GC_SOON
06-25 04:29 PM
Hi Mirage:
Can you pl. share some more info.
1) Which Center you sent it
2) Which date you sent it.
3) When did you receive the approved EAD.
This would open up better discussion. Appreciate your sharing. ;)
Thanks
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
Can you pl. share some more info.
1) Which Center you sent it
2) Which date you sent it.
3) When did you receive the approved EAD.
This would open up better discussion. Appreciate your sharing. ;)
Thanks
They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.
lazycis
06-12 12:37 PM
I just do not get who is the plaintiff (accuser) in your DV case if your wife is on your side? Do you have a copy of the complaint filed in court? You can PM me details, if you want to. To me it looks like there is no ground for any case against you if your wife does not want to push it.
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