saps
11-21 01:27 PM
She will get her EAD even if your priority date retrogresses in the next visa bulletin.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
As far as I know, you don't neccessarily need to file EAD with your I-485. Once your I-485 is pending, you can file EAD anytime after that(irrespective of PD movement) but its always better to file them together.
Someone please correct me if I am wrong.
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gcgc2005
12-17 10:37 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
intarch
08-04 03:02 AM
Hello I am leaving for India in two days and have still not received my H1B approval. The receipt date is May 19th 2009. It is being processed at the CA center, is there anything I can to do get it soon.
It was a regular processing one, not the Premium processing one.
Help please!!!!
It was a regular processing one, not the Premium processing one.
Help please!!!!
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kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
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little_willy
07-22 05:21 AM
Yes. This can be done when applying for I-485. I don't know why, but couple of lawyers I spoke with, recommended this route.
kishdam
03-10 09:52 AM
Hi,
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
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GCDream
07-08 08:20 AM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
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sparky_jones
01-16 09:14 AM
I went for an Infopass appointment at the Boston USCIS District Office today. My wife's case status had suddenly changed to "On November 5, 2007 a notice was returned to us undeliverable..." on Jan 7, and we wanted to find out what was going on (the national customer service was of no help at all when we called). Our appointment was at 8.15 AM; we arrived at the JFK Building (Government Center) at 8 AM, went through the standard federal security (very much like an airport) to the USCIS suite. There was hardly anybody waiting in line. The officer at the door checked our appointment notice, and gave us a ticket number, and asked us to take a seat and wait for our number to be called. The arrangment there is like the social security office...there are service counters, and a waiting area in front where you sit and wait to be called.
When our number was called, we walked up to the counter, and the agent greeted us and asked us to present our appointment letter and an ID. She then asked us the purpose of our visit. I explained to her how the status on my wife's pending I-485 had changed to "Notice returned undeliverable", and we were concerned about a missed deadline. She asked for the I-485 receipt notice, then proceeded to look for information on her computer. She repeated our mailing address that was in the system, and asked us to confirm that it was correct. She then printed out something, and told us she'll be right back. I guess she went to see her supervisor for some help (she appeared to be new). After about 5-7 minutes, she came back and told us that she couldn't see what the notice was that was returned, but everything looked ok on my wife's case. She told us (without our asking) that her name check was cleared, and so was her fingerprint search. She said that the case was assigned to an officer, and it was last updated on Jan 7.
Although the agent could still not tell us what was returned undeliverable, she pretty much cleared our doubt that a biometrics appoinmtment or something else was pending. She also confirmed that the name check was cleared.
Our infopass experience at the Boston office was pleasant and fruitful. I think one should try to go early, as there is less crowd, and agents are willing to spend more time answering your questions.
When our number was called, we walked up to the counter, and the agent greeted us and asked us to present our appointment letter and an ID. She then asked us the purpose of our visit. I explained to her how the status on my wife's pending I-485 had changed to "Notice returned undeliverable", and we were concerned about a missed deadline. She asked for the I-485 receipt notice, then proceeded to look for information on her computer. She repeated our mailing address that was in the system, and asked us to confirm that it was correct. She then printed out something, and told us she'll be right back. I guess she went to see her supervisor for some help (she appeared to be new). After about 5-7 minutes, she came back and told us that she couldn't see what the notice was that was returned, but everything looked ok on my wife's case. She told us (without our asking) that her name check was cleared, and so was her fingerprint search. She said that the case was assigned to an officer, and it was last updated on Jan 7.
Although the agent could still not tell us what was returned undeliverable, she pretty much cleared our doubt that a biometrics appoinmtment or something else was pending. She also confirmed that the name check was cleared.
Our infopass experience at the Boston office was pleasant and fruitful. I think one should try to go early, as there is less crowd, and agents are willing to spend more time answering your questions.
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OLDMONK
07-18 11:39 AM
Hi,
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
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prioritydate
08-18 05:22 PM
PD is Nov 2004 (transferred from a previous EB2 filing).
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
RD is July 29, 2007
May be they want to approve your both I-140 and I-485, but I-485 may be missing something, so they issue an RFE. It may be the case that your I-140 can be approved. If it is as simple as Birth Certificate, then they may approve both your I-140 and I-1485 after you reply RFE.
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txGuy
07-17 09:02 PM
what number did you call to request FP? please share.
Thanks.
Thanks.
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goldkey266
03-28 09:49 PM
Friends,
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
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cnag
10-13 08:41 AM
Folks, I have received a notice from USCIS stating the following:
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
The above application or petition has been received.
Your application was received without the necessary fingerprint fee.
Under 8CFR 103.2(e), this fee of $70.00 must be submited along with the filing fee fot the application/petition. If this office has not recieced the fee within 87 days, your application will be considered to be abandoned under ...
Is there any one else in the same boat? What are my options here?
I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.
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anyluck?
06-19 02:36 PM
Thanks for the reply.
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tempdb
06-18 02:18 PM
I got same status too.. Mine was in Texas.. It has been moved to National Benefits Center
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perm2gc
08-30 03:03 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
Your attorney is the best bet..Dont make decision of your future on message board as everyone are not well verse in every aspect of immigration.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
Your attorney is the best bet..Dont make decision of your future on message board as everyone are not well verse in every aspect of immigration.
more...
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pal351
03-10 04:01 PM
Hi All,
I have recently applied for my wife's EAD to Phoneix Lock box and got the Receipt from NSC with the LIN number. RD: 02/25/11 and ND:02/28/11. Check also got cashed. I tried to access that receipt number in USCIS case status website online to get the status yesterday 03/09/11; it says the case number is not found. I am sure I typed the correct receipt number. Any idea what could be wrong? Has anyone experienced this before? Should I contact the customer service? Please help me.
Yes, It took about week to update and show up online status.. don't worry!
I have recently applied for my wife's EAD to Phoneix Lock box and got the Receipt from NSC with the LIN number. RD: 02/25/11 and ND:02/28/11. Check also got cashed. I tried to access that receipt number in USCIS case status website online to get the status yesterday 03/09/11; it says the case number is not found. I am sure I typed the correct receipt number. Any idea what could be wrong? Has anyone experienced this before? Should I contact the customer service? Please help me.
Yes, It took about week to update and show up online status.. don't worry!
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bharat2008
08-19 11:56 AM
Will I be able to switch to company C, even if company B revokes my 3 year-H1B extension ?
Thanks
Thanks
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kamand
01-06 12:19 AM
Thanks "glus" for the information.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
snathan
08-26 02:36 PM
Change the I140 to premium processing. If you are at your end of 6th year and if you have less than six month in your visa, you can apply for premium processing.
raysaikat
05-20 09:23 AM
Hello, I'm Hyoung and I'm graduate student at Purdue University.
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
You need to follow what your school's ISS is asking you to do. If your concern is the $300, and if you believe that ISS was at fault for not notifying you earlier, etc., then you can bring that up with someone at ISS and ask them to waive the fee.
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
You need to follow what your school's ISS is asking you to do. If your concern is the $300, and if you believe that ISS was at fault for not notifying you earlier, etc., then you can bring that up with someone at ISS and ask them to waive the fee.
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