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kanshul
02-01 09:36 AM
Fair enough.
You said you don't have EAD.
Did you file for 485? If yes was it in July 2007? Please update your profile.
You said you don't have EAD.
Did you file for 485? If yes was it in July 2007? Please update your profile.
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saketkapur
03-24 03:38 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
ajay
08-16 08:41 PM
What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
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dionysus
03-18 02:32 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
more...
neerajvir
07-17 05:52 PM
Just made a contribution of $100 to IV. Please take time to renew the faith and keep the pressure on..
martinvisalaw
04-06 12:48 PM
The perm is for EB-2 which requires a Masters Degree (Foreign Degree acceptable). I've a Bachelors from UK which is 3 years and a Masters from UK which is 1 year. During the I-140 process will there be a problem coz of this.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
I think that there could be a problem, unfortunately. You only have 4 years of 3rd level education, which may not be equivalent to a US master's degree, in the view of CIS. UK bachelor's degrees can be equated as equivalent to a US bachelor's degree, if you also did A-levels, because A-levels are considered one year of college in the US. Make sure that your company's lawyer is very familiar with case law and regulations regarding educational equivalencies. Your situation is not clear-cut.
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quiquincho
05-20 05:47 PM
well said I agree, I gonna go to tijuana and burn my passport and come back illiegally walking and starting working in some car wash .
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
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valuablehurdle
06-19 11:24 AM
A quick question:
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
I just have the FRONT side copy of the EAD stored.
Why do we need the BACK side of the copy?
Responses will be appreciated.
more...
gcdreamer05
08-27 01:58 PM
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
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yabadaba
07-23 07:10 AM
akshayadalti -> person who voted yes...please provide more details
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skdskd
09-16 01:25 AM
Keep up
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windsordesi
04-23 12:32 AM
I see no reason why you cant move to permanent offer.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
more...
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gconmymind
04-30 01:25 PM
Your wife's status should not be an issue if you are on H1, whether with your current employer or new employer. Do not use EAD until your wife has filed for 485 or is on her independent visa like H1, L1, F1, etc.
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dvvb
03-01 02:59 PM
Hi Sathishav, Thanks for the response.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
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 additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
Nope, Co. A filed for my I-140 while I was working for Co. B. and is subsequently approved. Filed for I-485 with Co.A in June/2008 while working with Co. B. Used EAD to move to Co. C.
to summarize,
Co. A's GC filed as future employee.
Joined Co. C on EAD.
Now Co. A is out of buisiness.
Does AC21 portability applies ?
Thanks
-DvvB
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
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 additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
more...
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gcformeornot
05-04 11:03 AM
http://aila.org/content/default.aspx?docid=31886
I hope this works out and they implement for every service center....
I hope this works out and they implement for every service center....
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NikNikon
June 25th, 2006, 08:48 PM
As I'm reading about Fred streaking for some photographs I suddenly remember the title of this thread, "black spot on images" and I think to myself if there's black spots showing up on some images it would need to be these "Fred pics". Nothing personal Fred but I don't swing that way. ;)
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inskrish
09-01 01:46 AM
Hi
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
Hi,
Most of the I-485 RFEs I have heard/seen so far is related to (1) AC-21 and (2) Birth Certificate, but your case may be different. All the best.
I see that RFE is requested on my I-485 along with my wife application. I haven't received the notice yet. Could you please let me know if any july 2007 filers have RFEs on their cases.
Help is much appriciated.
Thanks
Hi,
Most of the I-485 RFEs I have heard/seen so far is related to (1) AC-21 and (2) Birth Certificate, but your case may be different. All the best.
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ras
04-10 03:31 AM
How many days did the response delayed?
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
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I_need_GC
10-15 09:56 AM
Clif is right I used EAD to work part time while still maintaining my H1B and full time job. During this time I traveled numerous times outside US. The IO never asked where or how many jobs I had. Before using EAD to work part time I confirmed this with my attorney and he said the same thing as clif. So its safe to work part time on EAD as long as you maintain your full time job.
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
satyasaich
09-08 01:03 PM
Surely great job.
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
vactorboy29
10-09 04:54 PM
BECsufferer,
Does that mean you need to have visa stamp in your passport ? otherwise they would not issue German visa.
Does that mean you need to have visa stamp in your passport ? otherwise they would not issue German visa.
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