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  • mallu
    08-10 09:17 PM
    i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.

    I think, similar to DOL backlog elimination centers, they will pull all the pending
    cases and put them into a new system. The data entry for such an excercise will take 2 years. Afterwards the real processing will start.





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  • kaisersose
    07-30 09:15 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.

    2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.

    3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.

    Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.





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  • murali77
    06-16 12:30 AM
    Dear Friends

    I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.

    Will my 1-485 case get stuck because of this
    is it a good idea to change the name on SSN now.

    Any suggestions.

    Thanks
    Murali





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  • WAIT_FOR_EVER_GC
    11-11 12:45 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL

    I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.

    College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.

    Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.



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  • raysaikat
    04-06 01:27 PM
    ... But if 6 months have already elapsed after filing I485, then you are free to go anywhere.

    Does not sound right. Where did you hear that?





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  • greencardvow
    07-18 08:02 PM
    Does anyone know what happens when the original hard copy of PERM is lost. Can one file 140 with just the copy that you can get online from DOL site.

    I believe that you do not have to refile just because you lost the hard copy...
    This is not a lottery ticket that if you lose, you are left with nothing..
    There must a procedure to get the same certificate reissued from DOL..
    Please do the research and let is know...



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  • 123456mg
    07-29 04:22 AM
    Hello everyone,

    I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

    Thx,
    Prabhat

    I guess if you are not doing a similar occupational job, it will be difficult for you to explain it to IO if they happen to schedule your interview. Though the chances of such interviews are not so many, probably the USCIS officer may get a point to reject your case.

    Looking at the coming trend in immigration based politics, they do not like educated people anyways....

    This is just my opinion.





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  • ArunAntonio
    10-17 01:37 PM
    Do women have to fill in the DS 157?
    It shows up as a required to fill form for my wife?



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  • Uncertain
    04-15 02:34 PM
    I am in.
    What do I need to do apart from contributions and convincing other friends to vote on the above thread?





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  • willigetagc
    08-17 02:32 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.



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  • ebizash
    08-25 02:17 PM
    poorslumdog,

    I do appologize. I have made some donations today, will be making in the future.
    i will be more active in the posts and compaigns.

    will you please encourage others to respond to my questions?

    Thanks for giving me a wake -up call.

    Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.

    Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.

    I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.

    Hope this helps.





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  • 485Mbe4001
    03-04 04:07 PM
    What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late

    Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.



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  • vin13
    03-09 05:30 PM
    Stop dreaming and do something:D





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  • pansworld
    07-07 04:26 PM
    But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents



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  • chanduv23
    11-06 06:36 AM
    Though this may be off topic, it is related to travel and NIV.

    I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.

    Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.

    Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.

    Thanks





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  • frostrated
    07-06 12:44 PM
    you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.



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  • rhoh
    07-29 10:01 PM
    Once you are on F-1 (in the rare case), then you'll file your tax returns as Non-resident Alien and this will mean abandonment of 485.





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  • glus
    12-09 12:47 PM
    AP could be mailed but the applicant MUST be in the USA at the time of application.

    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate. This is a response from my attorney:

    My question:
    Can one apply for AP from overseas while AOS is still pending?

    Answer from Attorney:

    If the AOS is still pending you can do it yes. You can even have AP sent to
    overseas consulate. Then it is just called PAROLE lol, as they are not
    doing it in advance. Look at the I-131 and you will see about this and
    possibilities. It should talk about it in instructions.

    Best Regards,





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  • shreekhand
    07-29 11:23 AM
    Nowhere did I say I am not sure. In fact I am as sure as it can get :)

    The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.

    For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.

    Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.

    If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

    Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.





    willIWill
    07-16 01:01 PM
    Thanks for the suggestions Rockstart.

    Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.

    One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.





    bluekayal
    08-21 11:37 AM
    Because they are sitting and looking at the Service Requests generated by the National Customer Service. There were 9000 of them a couple of days ago.



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