morchu
04-29 06:14 PM
I agree, that for most of the cases "approved" is a safer approach.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
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trueguy
08-28 04:07 PM
Good fight guys, keep it going. We need reasons to laugh in this GC mess.
niklshah
04-04 11:24 PM
Yup, I had the same info conveyed to me via lawyer.
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
HI gccovet,
i am planning to apply for extension of my parents visitors visa. Fees is 300 dollars and i have to apply for them in same form. So do i need to pay 300 dollars or 600 dollars. your help will be appreciated.
thanks
One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.
HTH
GCCovet.
HI gccovet,
i am planning to apply for extension of my parents visitors visa. Fees is 300 dollars and i have to apply for them in same form. So do i need to pay 300 dollars or 600 dollars. your help will be appreciated.
thanks
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kramesh_babu
09-10 12:04 AM
No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.
Very true. That is exactly I did a month ago.
Very true. That is exactly I did a month ago.
more...
gcwanter
06-21 09:37 AM
Hi jazz,
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
I have not had a very good experience mailing documents to CGI. I would advise against it based on the time crunch we are facing here....
If you go in person and get it done..that would be most optimal..and worry free.
Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?
vaishu
I have not had a very good experience mailing documents to CGI. I would advise against it based on the time crunch we are facing here....
If you go in person and get it done..that would be most optimal..and worry free.
paskal
01-22 06:22 PM
rock!
more...
gcwaiting17
10-04 05:36 PM
RD: July 2 nd
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
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jthomas
03-27 02:55 PM
EAD needs same or similar job requirement as petitioned in your labor.
With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.
With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.
more...
unknown123
03-13 11:34 PM
Looks like this is comming for most of us after recent spate of RFEs on I-485 regarding re-submission of medical examination, birth certificate, etc...
Thanks gc_check for the link
Thanks gc_check for the link
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ganesha
09-04 01:32 PM
I received CPO email's for me and my son. My wife's online status is unchanged (no emails yet...). We have not received the Welcome email yet....
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
Folks;
I received an approval notification through the CRIS system of USCIS. Almost everyone who I saw got approved got a CPO and welcome message email. Don't know what to make out of it...my lawyer is also mum on the issue.
Here is the content:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On September 3, 2009, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Also I as the primary applicant only received the mail...my wife's status is still unchanged...
Best,
SoP
more...
pd052009
10-26 02:53 PM
While keeping the hopes in DREAM act, get a job, start GC process and you are welcome to join our line.
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sledge_hammer
07-25 04:20 PM
This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.
THIS IS A BAD IDEA FOR A PROTEST!
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
THIS IS A BAD IDEA FOR A PROTEST!
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
more...
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Bogdan
10-22 11:41 AM
Good morning everyone!
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
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Devils_Advocate
03-22 02:40 AM
Rest in Peace
more...
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arsh007
10-05 02:54 PM
35-45k Euros is 45-58USD
taxes are 30-35%
Rent is 900Euros (Thats a lot)
No familiar contingetnt :(
No savings, no fun.
I am not saying you shouldnt look into other options, but this doesnt sound rosy to me.
Belgians enjoy one of the best quality of life in the world, job security, social security and free healthcare for life. Jobs are plenty and EU is a big job market specially when you can pick up some basic language skills (French or Dutch).
Belgium and EU countries in general have good labor laws which protect an employee. Its not easy for a European employee to be fired as in the US. I remember a French guy who worked in my office back in 2002 and was fired because of cost-cutting. His 10 year stint with the company brought him 50,000 Euros in settlemet (That's about 7-10% of salary for each year he worked for the company). The best part was he ended up in a new job within a month.
Unlike US you are certain to become a "permanent resident" after 5 years of stay on a work permit which in turn provides lot more opportunities in the long run. Not a bad option to consider specially when you compromise a little on the pay.
taxes are 30-35%
Rent is 900Euros (Thats a lot)
No familiar contingetnt :(
No savings, no fun.
I am not saying you shouldnt look into other options, but this doesnt sound rosy to me.
Belgians enjoy one of the best quality of life in the world, job security, social security and free healthcare for life. Jobs are plenty and EU is a big job market specially when you can pick up some basic language skills (French or Dutch).
Belgium and EU countries in general have good labor laws which protect an employee. Its not easy for a European employee to be fired as in the US. I remember a French guy who worked in my office back in 2002 and was fired because of cost-cutting. His 10 year stint with the company brought him 50,000 Euros in settlemet (That's about 7-10% of salary for each year he worked for the company). The best part was he ended up in a new job within a month.
Unlike US you are certain to become a "permanent resident" after 5 years of stay on a work permit which in turn provides lot more opportunities in the long run. Not a bad option to consider specially when you compromise a little on the pay.
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Dhundhun
07-14 12:46 AM
It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf
more...
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jliechty
July 13th, 2006, 10:10 PM
The previous post reminds me of an idea for an "interpretive dance" from Whose Line... "Diarrhea, flows like a river." And may I ask... how much did you pay the webmaster to post that advertising? (pardon me and ignore this if the previous post is deleted).
Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.
Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.
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kaisersose
02-20 11:17 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
I think the answer is Yes.
You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.
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resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
vine93
01-22 03:12 PM
Most of the Nationalised bank ( SBI, PNB ) do not charge Pre-payment penalty. Though it clearly mentioned in their policy , you should check while taking the loan. It is negotiated also. I have IDBI loan with facility of no pre-payment penalty.
Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.
Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.
billu
05-10 12:29 PM
I see your way of viewing this; but I have to disagree with you on this.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
We have to do something for ourselves and for the future high skilled immigrants; it is now or never.
It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.
Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.
I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.
No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
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