gc28262
06-14 03:54 PM
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.
surabhi
06-19 10:52 AM
I-485 reciepts are not part of required supporting documentation.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
Sorry to have jumped the gun. I-485 receipt is needed.
"All applications must be filed with the documents required
below, in addition to the particular evidence required for the
category listed in "Who May File This Form I-765" with fee,
if required."
On Page 4 in the Instructions doucment refers to the particular evidence
A. Adjustment Applicant--(c)(9). File your EAD
application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.
Since it talks about other evidence, you can use FP notices.
The other requirements are photos, check for $340 if applicable, front and back of EAD card.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
Sorry to have jumped the gun. I-485 receipt is needed.
"All applications must be filed with the documents required
below, in addition to the particular evidence required for the
category listed in "Who May File This Form I-765" with fee,
if required."
On Page 4 in the Instructions doucment refers to the particular evidence
A. Adjustment Applicant--(c)(9). File your EAD
application with a copy of the receipt notice or other
evidence that your Form I-485, Application for
Permanent Residence or Adjust Status, is pending.
You may file Form I-765 together with your Form
I-485.
Since it talks about other evidence, you can use FP notices.
The other requirements are photos, check for $340 if applicable, front and back of EAD card.
LostInGCProcess
03-02 06:14 PM
Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .
i greatly appreciate your responses.
Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.
I am sorry, I don't know any attorneys that deal with civil cases like non-compete.
Thanks.
i greatly appreciate your responses.
Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.
I am sorry, I don't know any attorneys that deal with civil cases like non-compete.
Thanks.
mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
more...
kumar1
07-23 06:04 PM
With my limited knowledge on this topic -- Unemployment is not considered a social burden. It is funded by all employers. At no time, govt funds this pool with tax payer's money so I would not call it a social burden. Personally, if unemployment office is ready to give me a check, I would collect it !
go_guy123
11-03 06:57 PM
I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.
But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)
Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.
But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)
Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.
more...
GooblyWoobly
09-26 06:43 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).
The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.
Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).
The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.
vybe3142
07-24 10:52 PM
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
more...
lecter
January 6th, 2005, 07:40 PM
Now I am Jealous......... you guys make it look easy, and I have no clue on how you get the color into the B&W like you do..........................
Simple technique:-
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
Simple technique:-
Add a duplicate layer
Desaturate the top layer, make it the shade you like etc etc
select the eraser tool
make sure it's flowing 100% and you're viewing the picture at 100%
erase the area you want coloured and the colour from the bottom layer will come through.
flatten
bingo!!!
GotGC??
05-29 07:47 PM
Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.
Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?
Could you please clarify:
- what's the logic for not applying for 485 (when 140 is pending)? how can that save you any money?
- did you mean premium processing 140?
more...
rvendra
05-25 01:55 PM
My case transferred to USCIS local office and below is the case status:
EB 2 Dec 15 2003 - No updates so far
This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
EB 2 Dec 15 2003 - No updates so far
This case has been sent to another office for processing and on September 18, 2009 we sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
ameerka_dream
04-19 08:35 AM
^^^^^^^^^^bump^^^^^^^^^^
more...
das0
06-16 09:50 PM
InTheMoment,
Thanks for your thoughts.
H1B is dual status.
Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.
Question is:
If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?
I thought EAD (though I-485) and H1b are independent ?
Pls advise
Thanks for your thoughts.
H1B is dual status.
Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.
Question is:
If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?
I thought EAD (though I-485) and H1b are independent ?
Pls advise
paragpujara
04-05 08:30 AM
Yeah I will consult a lawyer but before i contact him just want to make sure whatever my employer is explaining is correct or not..
Thanks for your valuable advice.
Thanks for your valuable advice.
more...
saileshdude
08-20 03:34 PM
I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
babu123,
How did you get this information? Did you call TSC today using POJ method?
Still waiting for GC Approval. God knows when it will get approved.
Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX
babu123,
How did you get this information? Did you call TSC today using POJ method?
jonty_11
10-23 01:08 PM
Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
I guess that is teh only option u have...
I guess that is teh only option u have...
more...
syedajmal
11-03 11:21 AM
I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents
Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.
HTH, good luck
Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.
HTH, good luck
neoneo
07-30 12:03 AM
IMHO.. one thing for sure is that post school u need to join the same position as filed for GC. However being non resident has nothing to do with USICS. It's to do with IRS and the state tax agencies. Also, you wont go on "F-1" visa since you'll use AP. But you do need an I-20.(two different things ...similar to I-797 and H1)
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
So, the question to be asked is not "Can one goto F-1 visa after filing EAD" rather "Can one goto school after filing EAD ?".
I don't quite understand why one can't ( I'm sure there are reasons) If a person can stay at home or be self employed after applying for EAD/AP. Then IMHO that person can goto school too.
I think you can, however u need to join the same position for which the GC was filed and u need to be paying taxes.
Any suggestions ? .. also, what happens if your spouse is on F1 when the primary applicant files for 485/EAD/AP?
GoGreen
07-18 10:39 AM
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
hydubadi
02-03 12:32 PM
^^^^Bump^^^
kk_kk
02-03 06:51 PM
I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
No comments:
Post a Comment