Edison99
03-25 03:11 PM
Congrats the_jaguar and enjoy!
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
Folks,
I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:
1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
2] After I quite company A, they withdrew my I-140 application.
3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).
I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.
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GC4US
01-21 01:44 AM
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
HV000
02-24 12:37 PM
It is important to note that IO vetting the AC21 - I-485 Application for approval HAS TO consider that EXPERIENCE and PERFORMANCE can comand greater salaries in the free job market!!!! This is VERY important since there is a hugh time gap between LC and I-485 Approval especially for non ROW countries!!
USCIS should NOT be intervening when companies can provide higher salaries for same or similar jobs to QUALIFIED candidates.
USCIS should NOT be intervening when companies can provide higher salaries for same or similar jobs to QUALIFIED candidates.
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knowDOL
08-23 09:37 AM
good one.
Just correct the do to don't, you are all right.
That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!
Just correct the do to don't, you are all right.
That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!
more...
chanduv23
05-13 12:35 PM
Looks like - they keep pulling up your information using your A number and for some reason they may be relating to your EB2 i 140 even though you have an EB3 i 140.
We have no clue what happens inside USCIS and how their record retention policy is.
You must do the following
(1) Write to Ombudsman - fill out form 7001 and attach all documents, proofs, and clearly explain the issue and hardships you are facing
(2) Write to both your Senators
(3) Write to your congressman
(4) Write to IV also in detail about your case. Don't have to write any private details.
We have no clue what happens inside USCIS and how their record retention policy is.
You must do the following
(1) Write to Ombudsman - fill out form 7001 and attach all documents, proofs, and clearly explain the issue and hardships you are facing
(2) Write to both your Senators
(3) Write to your congressman
(4) Write to IV also in detail about your case. Don't have to write any private details.
graviyera
07-24 04:40 PM
.....is marriage. If one is planning to get married soon, it is better to get married and jointly file for spouse after he/she is here.
more...
koppula09
01-04 05:43 PM
Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
If it is +ve there wont be any problem, well & good!
If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.
Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.
I believe these options looks logical. Hope verything goes well!
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anoopraj2010
07-29 06:39 PM
Ahem.. ? :confused:
more...
kuhelica2000
10-18 08:58 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
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curiosity_76
12-29 04:26 PM
Let's do something together, and let the government aware of our problem.
Let's get more and more people in and make our voice heard!
Let's get more and more people in and make our voice heard!
more...
TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
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paskal
10-02 05:03 PM
C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.
Please help make the SoCal gathering a resounding success!
more...
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lazycis
12-17 07:25 PM
So you haven't received a denial letter yet.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
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gcformeornot
01-22 03:22 PM
Hello,
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
more...
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VMH_GC
07-17 06:21 PM
I pledge $100 right now to IV. I will make the payment tonight.
I just made the payment. It is easy folks please contribute....
I just made the payment. It is easy folks please contribute....
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singhsa3
03-11 02:16 PM
I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
more...
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deepakjain
02-24 11:14 AM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
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smangc
06-10 12:58 PM
SSbaruah, Yes the employer needs to give you return tickets to your home town.
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bugmenot
06-08 01:15 AM
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
So I say: CIR, RUST in PEACE.
u got it all wrong there, there is goin to be an h1b increase, the business community wants it, they'll get it wether anyone likes it or not and with that will come all those durbin/ron hira amendments and all this will happen b4 the next h1b date so its a matter of time b4 it all happens again
chanduv23
12-08 06:45 PM
Come on folks, time for some contributions.....
vactorboy29
02-24 11:54 AM
I can volunter this for Illinois
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