burnt
05-28 02:13 PM
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
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ilikekilo
06-18 11:47 AM
as far as my lawyer says once on ead, even for one day you cant go bck ot h1b
oliTwist
01-16 06:14 PM
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
Please vote up on our causes! Easy job..but please act!
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LostInGCProcess
02-11 02:40 PM
I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).
My six year visa expires in Sep 07, 2009
a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
Ans: What you read is true.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
Ans: It would be from the date they officially received your application.
c) Can we include the dates for some one is physically not present in US
Not sure what you are trying to say here???!!!!
d) What supporting documents are needed to prove that some one was not present in US?
By showing no supporting documents, I guess And why do you want to do that?
Thanks
Senthil
...
My six year visa expires in Sep 07, 2009
a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
Ans: What you read is true.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
Ans: It would be from the date they officially received your application.
c) Can we include the dates for some one is physically not present in US
Not sure what you are trying to say here???!!!!
d) What supporting documents are needed to prove that some one was not present in US?
By showing no supporting documents, I guess And why do you want to do that?
Thanks
Senthil
...
more...
kart2007
10-24 06:38 PM
I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).
sent4dc
06-19 12:34 PM
Thanks! Sounds like there shouldn't be a problem.
Just curious though. Say, if someone's parent gives up their green card like that and then later in life we decide to bring them over (to US) due to health concerns/age/etc., do you think, would there be a problem to apply for a green card again?
Just curious though. Say, if someone's parent gives up their green card like that and then later in life we decide to bring them over (to US) due to health concerns/age/etc., do you think, would there be a problem to apply for a green card again?
more...
saketkapur
04-17 10:36 AM
take infopass and try to take extension on I-94 if possible or an official USCIS letter stating the circumstances
also maybe flying west would be better over the pacific instead of atlantic....
also maybe flying west would be better over the pacific instead of atlantic....
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salai007
07-17 06:05 PM
My Big thanks to IV core members !!!
more...
arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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karthikdurai
02-02 12:52 AM
Hi Sunny1000...Thanks for your reply and I have moved down a day and going to get in on Jun24th, that will get me 3 days...Just to be safe. I have read other threads with immig.voice and most of them are saying technically they can get in on last /Final Day of the Validity.
Any body any additions to this...if you can please register your thoughts.
Regards
Any body any additions to this...if you can please register your thoughts.
Regards
more...
sanan
06-01 06:00 PM
I will be filing for my wife hopefully by the 10th!!
my PD july 2002 EB3
my PD july 2002 EB3
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Libra
08-29 02:05 PM
If you are before july fiasco and after july fiasco filer
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
more...
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dpp
06-27 11:41 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
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freedom1
01-22 04:18 PM
i got similar message, but this was for Advance Parole not 485...
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
more...
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PDOCT05
11-03 09:28 AM
Did you called USCIS?If not call them and check ask for the status.
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Gravitation
06-15 12:05 PM
How 'bout: Not filing because LCA is rotting in the basement of a BEC?
more...
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newhandle
03-05 12:16 PM
I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."
Thank you.
I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,
1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients
I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.
On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.
My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?
Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."
Thank you.
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morchu
06-29 12:19 PM
it is hard time for any H1 transfers. Your best bet is to try hard for a month or two, and plan to leave or stay accordingly.
Again there is no guarantee for the extension of status approval. So eventually there is chance that you might even find yourself loosing the project, when waiting for visa appointment in India. (the client may not want to wait for you for months).
So have all the facts straight, and be aware of possible outcomes. Then it is up to you to decide.
Again there is no guarantee for the extension of status approval. So eventually there is chance that you might even find yourself loosing the project, when waiting for visa appointment in India. (the client may not want to wait for you for months).
So have all the facts straight, and be aware of possible outcomes. Then it is up to you to decide.
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fastergcwanted
07-26 09:13 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Same thing with me. Lawyer does not release copies of Certified LC or I-140 approval.
From what I understand that should not cause issues with AC21; however I would feel much better having these copies in my hand just in case....my 2 cents...of course ask attorney before making any moves...
xyz2005
08-06 04:53 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
Ann Ruben
10-24 11:08 AM
While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
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