nirenjoshi
03-16 10:12 AM
I'd like to see expert/legal opinion, but from my limited understanding -
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
And so you should get your application approved when your PD is current.
However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.
Others, please chime in...
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redmd567
12-06 08:34 PM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
seratbabu
01-02 09:40 PM
Dont forget to include your (Main Appilcant's) I485 receipt copy. I got an RFE for not including that.
Please see my post for details - http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1599779-spouse-ap-rfe-self-filed-e-filed-please-suggest.html
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
Please see my post for details - http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/1599779-spouse-ap-rfe-self-filed-e-filed-please-suggest.html
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
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zerozerozeven
04-01 11:04 PM
04/02/2008: Petitions/Applications Backlogs as of 02/29/2008
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
more...
Lasantha
07-05 12:52 PM
Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?
Thanks
Try this
http://immigrationvoice.org/forum/showthread.php?t=5983
Thanks
Try this
http://immigrationvoice.org/forum/showthread.php?t=5983
hopefulgc
09-22 11:06 AM
you forgot one...
start a campaign to have USCIS count the time you spent waiting for GC to be counted towards the meaningless 5 yrs wait
After 4.5 years, you can file for Naturalization. You may want to keep a tab on which companies you worked for, period, pay etc starting from the day you entered in USA, keep copies of all previous W2 in safe place. Also, prepare a spreadsheet of when you were out of the country starting from the day you entered here. All the above will be required while filling up forms for naturalization.
Visit other forums/threads to see what is required and prepare for it. you have long time to go though.
Good luck.
GCCovet
start a campaign to have USCIS count the time you spent waiting for GC to be counted towards the meaningless 5 yrs wait
After 4.5 years, you can file for Naturalization. You may want to keep a tab on which companies you worked for, period, pay etc starting from the day you entered in USA, keep copies of all previous W2 in safe place. Also, prepare a spreadsheet of when you were out of the country starting from the day you entered here. All the above will be required while filling up forms for naturalization.
Visit other forums/threads to see what is required and prepare for it. you have long time to go though.
Good luck.
GCCovet
more...
vivek_k
08-13 01:24 PM
a2p is ability to pay
Thanks Ravise! Is that a question about the ability of the employer's ability to pay?
Thanks Ravise! Is that a question about the ability of the employer's ability to pay?
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sendmailtojk
11-11 03:54 PM
I was recently approved for an employment based GC. Along with me, my wife and < 21 daughter got too. My EB2 labor was applied in Apr 2003 when my son had just crossed 21 years of age (March 1).
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
When it was time to apply for our I-485s in Aug 2007, the attorney opined that because he had crossed 21 years of age at the time labor was applied, they could not file an I-1485 for him. Not knowing any better, we complied.
Talking to friends I discovered that my attorney was possibly wrong. And that I could have.....
Is my attorney's opinion correct? If not, what can I do now?
Cheers
more...
frostrated
12-01 11:22 AM
hello folks..
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
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sweet23guyin
06-18 10:47 AM
I understand AP is like your visa stamp. I94 shows your status and not a visa stamp.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
more...
Hibernate
07-27 08:46 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I am in same boat - do you mean we can do ourselves or lawyer has to do it?
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
I am in same boat - do you mean we can do ourselves or lawyer has to do it?
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apt29
07-23 04:22 PM
Please see this link
http://travel.state.gov/visa/temp/info/info_1299.html
http://travel.state.gov/visa/temp/info/info_1299.html
more...
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paskal
10-02 05:39 PM
Hi Guys,
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
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mihird
05-22 07:43 PM
What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
more...
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Blog Feeds
01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
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vdixit
07-23 07:29 PM
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
THis was published sometime today. THis may answer a lot of questions people may have.
THis was published sometime today. THis may answer a lot of questions people may have.
more...
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sdckkbc
02-04 10:07 AM
LONGGCQUE,
This question just means if anyone helped you in filing the DS-160 form.
But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.
This question just means if anyone helped you in filing the DS-160 form.
But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.
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sprash
01-14 02:22 PM
We have seen many recent cases where the employer revokes I-140 and that causes inadvertent issues with a pending AOS application.
With the economy worsening, several companies are going to be forced to lay off employees, many in an amicable way. Also many small companies do not know the legalities and just revoke I-140 to be on the safe side.
I have heard over an over again that companies are not required to revoke I-140, but is there some official documentation that says so? If we have that handy, then in case of a layoff we could point them to the documentation and request them to NOT revoke the I-140 petition.
I tried to look around, but couldn't find any. Does anyone else know?
With the economy worsening, several companies are going to be forced to lay off employees, many in an amicable way. Also many small companies do not know the legalities and just revoke I-140 to be on the safe side.
I have heard over an over again that companies are not required to revoke I-140, but is there some official documentation that says so? If we have that handy, then in case of a layoff we could point them to the documentation and request them to NOT revoke the I-140 petition.
I tried to look around, but couldn't find any. Does anyone else know?
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amslonewolf
09-23 05:07 PM
A nice article on Consumerist website on how to write to the congress ..
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
rkm
02-16 12:20 PM
If your Dads age more then 60 then D157 not required
vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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