kufloyd
06-13 07:58 PM
I think it's fairly common. So don't worry about it too much.
"fairly common"? But what does it indicate? And where has the case moved to?
"fairly common"? But what does it indicate? And where has the case moved to?
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kittu1991
03-17 08:50 PM
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
:rolleyes:
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
:rolleyes:
man-woman-and-gc
03-03 01:38 PM
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
Great..Thanks so much for your response. I will definitely consult an attorney as suggested by you, but your response gives me a ray of hope and clarifies quite a few things.
So, does this mean that same or similar job may not have any meaning? Because, now since I have an EAD, I can change my job in any field and then when my priority date becomes current, I will get my GC if no RFE occurs.
Also, does it also mean that once I have my I-140 approved and I-485 pending and also have my EAD, i don't need any kind of sponsoring or supporting documents from my new employer? I mean, can I apply to jobs that say Employer cannot sponsor a Visa or GC?
Thanks in advance.
2011 TAYLOR SWIFT#39;S 2011 SPEAK NOW
lostinbeta
01-02 05:59 PM
Alright I should be on AIM tonight.
Sounds interesting, and if it has to do with AS, Ilyas has already won ;)....lol.
Sounds interesting, and if it has to do with AS, Ilyas has already won ;)....lol.
more...
ken
08-11 02:14 PM
My case was also transfered to Local office Miami,Fl back in April 2008.
I opened a thread too here is a link : http://immigrationvoice.org/forum/showthread.php?t=18438
Even I called USCIS and they told me that they don't have any clue why it is transfered.
I opened a thread too here is a link : http://immigrationvoice.org/forum/showthread.php?t=18438
Even I called USCIS and they told me that they don't have any clue why it is transfered.
sundarraj_us
11-19 10:54 AM
Good luck!
more...
tsk_india@gmail.com
06-18 12:23 PM
Husband:
- Application received on 05/16 in TSC
- Cheque cashed and got Receipt Notice in 10 days.
- Card sent for order and now on transit, will receive the card in next 3 days.
Myself:
- Application Received on 05/16 in TSC
- Cheque cleared on 06/16.
Called Customer service few times and response was that. status was not on their system. So, no use in calling them. Just wait for your cheque to cashed.
Dont panic about the ead renewal delays. keep ur fingers crossed and wait.
- Application received on 05/16 in TSC
- Cheque cashed and got Receipt Notice in 10 days.
- Card sent for order and now on transit, will receive the card in next 3 days.
Myself:
- Application Received on 05/16 in TSC
- Cheque cleared on 06/16.
Called Customer service few times and response was that. status was not on their system. So, no use in calling them. Just wait for your cheque to cashed.
Dont panic about the ead renewal delays. keep ur fingers crossed and wait.
2010 BEYONCE 2011 GRAMMY AWARDS
meridiani.planum
04-15 06:04 PM
have any one applied for AC 21 your self or with advise, I need some guidance can you please help.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
Thanks
Jay
I did. Changed to same/similar job (exact same description). Old employer not revoking I-140. lawyer has asked me not to send AC-21 letter to USCIS, wait for the RFE, if any. so sitting tight.
Moved from H1 to EAD.
more...
guy03062
07-05 01:23 AM
Miriam, WSJ journalist. I thanked her for covering in WSJ, requested to write more depth to uncover facts from USCIS / DOS for visa bulletin fiasco and added my personal story too.
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Marz
12-31 12:49 AM
I've just gotta know...
How long did it take you to make that Soul?!
Being pixel art.. I'm guessing 6-8 hours... Wow.. It's impressive..
As for beta.. Yours is also great.. I chose Soul's for the idea.. More depth..
Still better than I can do with pixels.. I don't have the time to dela with em.. And I would just get frustrated..
You should submit a cool park entry for KirupaVille on the main "random" section of the site Soul..
Peace Guys and Good Jobs
How long did it take you to make that Soul?!
Being pixel art.. I'm guessing 6-8 hours... Wow.. It's impressive..
As for beta.. Yours is also great.. I chose Soul's for the idea.. More depth..
Still better than I can do with pixels.. I don't have the time to dela with em.. And I would just get frustrated..
You should submit a cool park entry for KirupaVille on the main "random" section of the site Soul..
Peace Guys and Good Jobs
more...
boston_gc
04-14 08:46 AM
Does anyone feel that IV core members are getting arrogant with their success?
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EndlessWait
01-04 01:42 PM
I opened 2 SR back in Oct for FP. My wife got FP in December whereas I got a letter to basically wait. I'm the primary and still waiting.
more...
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HereIComeGC
10-02 01:54 PM
Thank you Hermione (Granger?)
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Absolutely. Assuming your I-140 is approved/approvable and will not be withdrawn, you will be able to AC21 to your new position after 180 days of I-485 pending. And the best thing, it will only depend on similarity of the job, and no ability to pay questions. Good luck!
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Absolutely. Assuming your I-140 is approved/approvable and will not be withdrawn, you will be able to AC21 to your new position after 180 days of I-485 pending. And the best thing, it will only depend on similarity of the job, and no ability to pay questions. Good luck!
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anilsal
10-07 06:28 PM
are quite bad/stressful for making connections.
more...
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fromnaija
10-04 10:48 AM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
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needhelp!
02-11 05:15 PM
When will Jan 2007 become current?
more...
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vejella
07-13 10:25 AM
I feel they will be releasing Bulletin after 3 PM EST.....
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rogerdepena
09-25 08:18 PM
My EAD is also approved today. Got "Card production ordered" email.
wow, you one lucky guy. i just did my fingerprinting today 09/25/07 but no EAD approval yet.
wow, you one lucky guy. i just did my fingerprinting today 09/25/07 but no EAD approval yet.
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user9
06-04 11:33 PM
Seems like finally you nailed it Dhundhun...:)
Also at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
read under the section
Applications/Petitions filed at this Service Center
Since all applications and petitions adjudicated at the NSC are entered into the electronic receipting systems for tracking, any application or petition received at the NSC and that has been accepted elsewhere by a USCIS office will be assigned a "LIN" (short for Lincoln.) number.
Also, just today, my lawyer asked me to file where the I485 is pending. After I filled the application online today, it too generated the LIN address where my 485 is pending, although I have now moved to PA which is under the Texas service center.
I have a quick question for everyone who has filed online. The I765 that is generated and appended at the end of the receipt pdf is an older version for me. The top left corner header is U.S. Department of Homeland Security,
Bureau of Citizenship and Immigration Service and the top right header is some OMB# and Expires 04-30-05. The bottom right footer reads Form I-765 (Rev. 5/09/02)Y
Q11. Also reads
Have you ever before applied for employment authorization from BCIS?
Which CIS Office?
Did anyone of you get the same older version. Because I would expect the online receipt form to resemble the latest paper version. Which it doesn't..atleast for me?? :confused::confused:
Please respond...Thanks...
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
Also at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
read under the section
Applications/Petitions filed at this Service Center
Since all applications and petitions adjudicated at the NSC are entered into the electronic receipting systems for tracking, any application or petition received at the NSC and that has been accepted elsewhere by a USCIS office will be assigned a "LIN" (short for Lincoln.) number.
Also, just today, my lawyer asked me to file where the I485 is pending. After I filled the application online today, it too generated the LIN address where my 485 is pending, although I have now moved to PA which is under the Texas service center.
I have a quick question for everyone who has filed online. The I765 that is generated and appended at the end of the receipt pdf is an older version for me. The top left corner header is U.S. Department of Homeland Security,
Bureau of Citizenship and Immigration Service and the top right header is some OMB# and Expires 04-30-05. The bottom right footer reads Form I-765 (Rev. 5/09/02)Y
Q11. Also reads
Have you ever before applied for employment authorization from BCIS?
Which CIS Office?
Did anyone of you get the same older version. Because I would expect the online receipt form to resemble the latest paper version. Which it doesn't..atleast for me?? :confused::confused:
Please respond...Thanks...
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
maine_gc
08-22 01:58 PM
Hi,
All my checks got cashed today (6 of them). My I140 is pending at TSC. I don't know where my applications went and what time and who signed for it. All i know is my attorney sent my applications to be delivered on July 2nd.
All my checks got cashed today (6 of them). My I140 is pending at TSC. I don't know where my applications went and what time and who signed for it. All i know is my attorney sent my applications to be delivered on July 2nd.
ras
08-07 08:57 PM
Thanks EkAurAaya,
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
That is precisely why I have a statement in my signature, to serve as a reminder to all those not fathoming the situation we are in. Hope they will pause & look at the bigger picture & stand together with us very soon!
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
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