Lasantha
02-18 12:25 PM
First of all I am sorry to hear this.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
I am not sure how interfiling work but did you receive a confirmation that it was accepted? And how long after the interfiling request was the 485 was denied?
The only reason that I can think of for 485 denial is the denial of the underlying 140. It's possible that they did not honor your interfiling request. do you have any proof or confirmation that they received it?
I am just throwing these ideas, wait for the denial notice to see what the reason was and discuss with your lawyer.
Hi all,
I started working with a company in July 2006 and applied for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received Intent to deny notice as there is no evidence that company can pay my in 2005. My attorney has replied for Intent to Deny notice and also applied for new I -140 using my own labor.
New I-140 got approved. I send a request for Interfiling to take out old I-140 from my 485 and use the approved I-140. when I checked the status of my case yesterday - both my old I-40 and 485 got denied. I didn't receive Denial notice yet.
Please suggest my any options I have for not losing I-485 and EAD.
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serg
10-31 11:21 AM
...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....
Didn't they stopped issuing interim EADs half an year ago?
Didn't they stopped issuing interim EADs half an year ago?
PlainSpeak
01-13 10:06 AM
I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far.
Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD
If I get laid off and my employer cancels the h1b, Am i out of status?
If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.
2) Can they cancel my approved i 140?
Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
See above ....
Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me
Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD
If I get laid off and my employer cancels the h1b, Am i out of status?
If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.
2) Can they cancel my approved i 140?
Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
See above ....
Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me
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needGCcool
09-03 10:46 PM
My PD is current - Going for consular processing a good idea?
i dont know how much u...but changing the option is not like picking a different item from menu..............this requires a lot more documesnts + time..........
i dont know how much u...but changing the option is not like picking a different item from menu..............this requires a lot more documesnts + time..........
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casinoroyale
01-31 02:03 PM
Ok, how sure is your lawyer about what he is saying?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
I know a person who was exactly in this situation. He was given 221g and while he was waiting got his AP approval and he entered US using that. I am not sure what he did is right or wrong, but atleast it worked and he is in US.
I will recommend you to talk to one more attorney. May be murthy/rajeev khanna office?
(BTW, if you agree with that i said, please rate this post as 'approve' using the small scale icon on upper right corner. I am trying to get rid of these red dots which i got for no good reason)
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
Alabaman
09-17 02:27 PM
We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration.
I agree that we should be dissociating ourselves from anything that is controversial, that includes illegals, H1-Bs, and ....
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
Immigration Voice
Working for reform in legal immigration
or
A voice for legal immigrants
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
I agree that we should be dissociating ourselves from anything that is controversial, that includes illegals, H1-Bs, and ....
I never knew IV was against H1Bs. Is IV only for people that have filed a petition for GC? Why is it then that one of our publicity drive is to recruit students still in school on F1?? Aren't they going to get an H1B before even filing for a GC?? Am I missing something??
Immigration Voice
Working for reform in legal immigration
or
A voice for legal immigrants
....better still:
Immigration Voice
A Voice for High Skilled Legal Immigrants
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ja258
04-03 11:16 AM
My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
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Ramba
01-04 12:07 PM
I am in non-IT engineering field having stressful job, as my job is always challanging. Though, I have good career record, I want to get into relaxing job. I am getting advise to change my field to IT. Few of them advise me to take course in QA or SAP to change the field.
As most of the forum members are in IT field, perhaps this is a right place to get some advise.
I want to have a relaxing/flexible job as I want to enjoy the job (no brainy job, as I have done enough in my field). Are these QA or SAP jobs are stress free? What is the prospects or future for those jobs in long term? Before giving up 10 year career in engineering, I would like to do trade studies.
Thanks..
As most of the forum members are in IT field, perhaps this is a right place to get some advise.
I want to have a relaxing/flexible job as I want to enjoy the job (no brainy job, as I have done enough in my field). Are these QA or SAP jobs are stress free? What is the prospects or future for those jobs in long term? Before giving up 10 year career in engineering, I would like to do trade studies.
Thanks..
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abracadabra102
08-24 08:34 PM
Nothing new here. It was denied as per existing law. If original I-140 is un-approavable, ac21 can not help.
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matreen
12-17 02:21 AM
Team,
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
Thanks,
M
Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.
But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).
I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.
My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.
1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?
2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?
3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?
4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?
5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?
6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?
Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.
Thanks,
M
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eilsoe
03-07 12:33 PM
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looks a little like 2A, but may just be the colorscheme :)
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gsc999
06-09 01:13 PM
Thank god for the small mercies like premium processing among all this slow moving bureaucracy.
They have been trying to move up the value chain, H1-B, recently they announced I-140. :rolleyes: Hopefully the same for 485 as well. But that is subject to retrogressed visa dates. Maybe the CIR will be passed and we can apply for 485 w/o visa availability.
They have been trying to move up the value chain, H1-B, recently they announced I-140. :rolleyes: Hopefully the same for 485 as well. But that is subject to retrogressed visa dates. Maybe the CIR will be passed and we can apply for 485 w/o visa availability.
more...
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ilikekilo
09-18 05:42 PM
any recent EAD approvals? we applied on aug 11 and did FP's on sep 8th, i e filed...mine expires on oct 30th ..please advise..mine is at NSC
the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited
the processing dates show may1....and i am moving to a new emplyer on oct 13th and i dont want my new empllyer to get shocked saying my EAD expires on Oct 30th..any suggestions are apprecaited
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thepaew
11-09 03:37 PM
Bump
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pappu
07-26 10:34 AM
added to this is also another question that may benefit few people in this situation. If labor is approved by the previous employer , how long will that stay valid. I mean people on 6+ year extensions may need ex employer's labor certificate in order to get one year extension so that they can reaplly with new employer.
Is there a time limit on labor to become void if within a certain time I140 is not filed?
sky7, you shoudl post your question and this question during the call with the lawyer. I am sure a lot of people are in a similar situation as you and such answers with benefit everyone.
Is there a time limit on labor to become void if within a certain time I140 is not filed?
sky7, you shoudl post your question and this question during the call with the lawyer. I am sure a lot of people are in a similar situation as you and such answers with benefit everyone.
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ivjobs
11-08 09:10 PM
Another group with help of IV, to suck the blood by sponsoring H1s...
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
more...
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aamchimumbai
08-05 10:03 PM
it was pending..pls check the PM I sent you.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
Thanks for your PM. Is it possible for you to provide additional details so that I can analyze your situation vs. mine.
I sent my I-485 application thrice to NSC and they returned my package. Although, the response rejecting my application was received from TSC, how funny!!
Anyways. I am hoping for dates to move forward in both category in Sep08 bulletin.
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highertruth
07-30 04:01 PM
YouTube - AAH - AAJA RE AB MERA DIL PUKARA (http://www.youtube.com/watch?v=eW2J7zLZwLU)
This is fun. Lets vote the best entry.
This is fun. Lets vote the best entry.
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CADude
07-21 01:10 PM
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
nomorelogins
11-21 11:51 AM
please close this thread.
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