vinabath
07-31 12:54 PM
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
Dont use.
1. If your 140 is pending.
2. If you are still single. You cannot bring the spouse on H-4.
3. If you think that it may take 3 years to get your GC.
Use. This is a tough one. I do not suggest using it.
1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.
Dont use.
1. If your 140 is pending.
2. If you are still single. You cannot bring the spouse on H-4.
3. If you think that it may take 3 years to get your GC.
Use. This is a tough one. I do not suggest using it.
1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.
chnaveen
03-16 03:41 PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
Any 485 application based on a dependent status to the Primary will be decided based on the relationship. If the relationship breaks legally (through Divorce) before the final decision on the pending 485, the dependent's 485 application will be denied. But as you said, she is on H1 and has another GC processing solely in her name, that would not be affected at all with your divorce and also her H1 status too not affected.
Dependent's current EAD based on your GC will also be revoked, but I am not sure whether EAD will be valid until 485 is denied.
You may have to send your Divorce decree to USCIS mentionig about the Change of Status in your maritial Status and referring to your pending 485 Application receipt numbers including her application's receipt numbers.
Any 485 application based on a dependent status to the Primary will be decided based on the relationship. If the relationship breaks legally (through Divorce) before the final decision on the pending 485, the dependent's 485 application will be denied. But as you said, she is on H1 and has another GC processing solely in her name, that would not be affected at all with your divorce and also her H1 status too not affected.
Dependent's current EAD based on your GC will also be revoked, but I am not sure whether EAD will be valid until 485 is denied.
You may have to send your Divorce decree to USCIS mentionig about the Change of Status in your maritial Status and referring to your pending 485 Application receipt numbers including her application's receipt numbers.
GCard_Dream
09-15 05:39 PM
No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
conundrum
05-25 07:44 AM
It seems the lines to the senator's (Kennedy's) immigration council/staffer is busy, asked me to call them after 5 mins... second time that is happening!!! Very fustrating..........
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chanduv23
09-14 03:50 PM
Jay Pradhan rockssssssssssss
GCMan007
03-12 09:30 PM
Did you get second finger print notice before approval? When did you go for first fingerprint notice?
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
I did not get a second finger printing notice (yet?). The 485 approval notice said that a biometric appt may be sent or the card will arrive. Just keeping my fingers crossed.
My first FP was done in Dec 2007
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Munna Bhai
02-08 12:59 PM
If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.
correct me if i am wrong.
180 days rule don't apply to I-140 as far as I know.
correct me if i am wrong.
180 days rule don't apply to I-140 as far as I know.
pxkuma
06-17 07:20 AM
I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
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avi
01-10 09:00 PM
Me (and two of my colleagues are) in the same boat!
July first week filer -
Receitps /EAD/AP received for both me and my wife
No FP for either of us .. same is the case with the others
July first week filer -
Receitps /EAD/AP received for both me and my wife
No FP for either of us .. same is the case with the others
Texascitypaul
02-23 05:02 PM
Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
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akred
03-09 02:08 PM
Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
WeShallOvercome
07-27 02:22 PM
To be very very safe, make it 180 Business days.:D :D :D
Good idea, so mark it for first anniversary of your RD :):D
Good idea, so mark it for first anniversary of your RD :):D
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ravindrajadeja
04-28 08:02 PM
Hi Folks!
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
pmb76
03-25 04:49 AM
This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
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IneedAllGreen
11-30 06:38 PM
Glad to know that your appeal process got approval for I-140 petition. I am desperate to get my I-140 petition approved from USCIS. Please give me some detail of your case and when did you filed Notice of appeal and when did you received your response for appeal?
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
mmanurker
12-31 04:36 PM
Is your PD is current ? Goodluck any how.
I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?
I have a loooonnnngg wait...my PD is Dec'2003 EB3-I. What is ur PD?
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Dhundhun
03-18 02:10 PM
Thanks. I'll try SSN based on AOS. If they refuse, I'll get EAD for my wife.
SSN based on AOS did not work. Going ahead with applying for EAD as it may take years and years to get GC. There may be more such things coming in future, which may require EAD and SSN and so on - who knows. While not applying for AOS, we wanted to save US$180 of EAD and have less (useless - at that point of time) paperwork.
SSN based on AOS did not work. Going ahead with applying for EAD as it may take years and years to get GC. There may be more such things coming in future, which may require EAD and SSN and so on - who knows. While not applying for AOS, we wanted to save US$180 of EAD and have less (useless - at that point of time) paperwork.
srikondoji
07-05 11:33 AM
Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
--sri
PLEASE DIGG
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
--sri
PLEASE DIGG
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
syedajmal
11-03 11:21 AM
I know of a old couple who put in their appl to extend, but it took an inordinate amount of time. They left the country even before the appl was approved several months later. When it came to visa renewal time in chennai, they got denied several times. Just my 2 cents
Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.
HTH, good luck
Once she got 2 month stamped at POE and I applied for her extn. But she left even before they even could process the application. As per my attroney's suggestion, we sent a letter to USCIS requesting to withdraw the petition stating that she had to leave to care of settling the sale of her house (you can give some reason, but the point is to withdraw the petition) USCIS will send you a notice confirming your withdrawal and make sure you keep that in record so that your MIL can show in case of questions that may arise in future.
HTH, good luck
gene77
06-25 06:50 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
Riakapoor
09-16 03:53 PM
Hello All,
I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.
Please suggest.
Thanks in Advance!
I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.
Please suggest.
Thanks in Advance!
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