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moonrah

09-20 08:33 PM

Hi,

I have recently recieved approval for I-140. With no surprise, employer denies to share the copy. I am planning to file FOIA to get the copy. Questions I have :

1. Can I file for FOIA even if my I-485 is not filed?
2. Reason to ask 1. is, Form G-639 requires Alien Registration Number (A#) which I believe, one can get only after filing I-485. Please correct me if I am wrong.
3. If I am right, Can I file FOIA without Alien#?

Thanks a lot in advance and appreciate the response.

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dealsnet

11-15 10:09 PM

You are speaking about the job doing, what is the present visa status now?


Hi All,

I hold different administrative and accounting responsibilities in my company. My company can't sponsor me as an accountant, because I don't have too much experience.

Are there any other occupation which can fit my responsibilities to get an H1B visa?


Thank you for your help.

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tom petty wildflowers;

gbof

08-26 10:56 PM

My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21. Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.

There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer

Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...

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Tom Petty#39;s Wildflowers.quot;

uppaji

04-05 04:17 PM

And provided their offices information about retrogression and IV. They aeemed to be very familiar with this issue.

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tw00ne

06-26 12:13 PM

1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

The lawyers that created those laws must have been on something ...

Thanks

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ImmiUser

11-26 07:15 PM

I have a unique situation, my laywer sent I-485,EAD and AP together in July. I got the receipt for I-485 but still awaiting for the reciepts for EAD and AP. Please advise what could be done in this situation, its already been almost 5 months ?

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gchodhry

02-28 01:28 PM

Hi,

I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?

In case I apply H1 from other employer, in that case what would be the impact on my green card application?

Please suggest.

Thanks,
Gagan Chodhry

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inr

08-05 02:42 PM

Why you take lawyer's help for this simple thing. ?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.


Same here! Our lawyer send our EAD,AP renewals to NSC,even though my 485 is pending at TSC(Last July got transferred from NSC).Till far no LUDs no any thing regarding them.I applied on June 30th and till far no update.Is this normal?

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WaitingUnlimited

10-02 12:43 AM

I don't think there is any site in this world which can give US visa status after the interview.

Interviews are conducted by govt officials and not just other websites, but the consulate offices are also not maintaining any sites to track the status. I am 99% confident about this.;)

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visves

02-20 07:43 AM

No. If that were possible, I am sure even the 2010 quota would have gotten 65,000 applications by now!

Can we send the application early, like one week in advance ?

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hyoungill

04-28 09:04 AM

Thank you very much, baba84!

Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.

Part 2 says

I am applying for an adjustment to permanent resident status because:

"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.

Thanks!!!

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TOM PETTY - CRAWLING BACK TO

forgerator

10-23 11:28 AM

I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?

Thanks for your help. I pray no one should go thru these type of issues in thier life.

Well , the law states that the property accumulated after marriage has to be divided. Did you buy that property in India with money you accumulated in the US? Did you transfer that money from US to India? Was that money accumulated after marriage? If yes, then it will be divided as well. Of course it's best to check with lawyer first.

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vselvam

12-04 01:30 PM

July�07 filer - H1-B renewal after filing I-485 (12th Year)

Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.

The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or

365 or more days have passed since the filing of an EB immigrant petition that is still pending; or

The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------

I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.

I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.

This is my 12th year H1 renewal.

6 year 2005
1 year 2006
1 year 2007
3 year 2010


Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?


Thanks
Venkat Muthusamy

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gcformeornot

05-24 04:37 PM

similar situation. Applied to NSC but received EAD from CSC. So EAD as number starting with CSC, I was thinking of choosing CSC.
Any other suggestions?

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chanduv23

10-20 09:10 PM

Folks!

Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.

But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?

Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?


It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.

Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge

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smuggymba

09-28 11:59 AM

Check this out -

http://immigrationvoice.org/forum/forum105-immigrant-visa/568161-h1-visa-stamping-old-company-vs-new-company.html

I posted this and Elaine (an attorney) helped me out. This might apply to you as well. No need for stamping.

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alterego

10-15 10:39 PM

I would wait it out if I were you. Why the risk at this stage?
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.

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fatjoe

08-30 01:10 PM

I'm strating this thread to check out if your I-485 package was received by R.COOK at NSC and if your checks are cleared.
I sent my I-485 on July 18, the checks are not cleared yet.
I sent my EAD/AP pcakage on Aug 10, where the checks got cleared last week. But I didn't get my receipts notice yet.
My I-140 was sent to TSC, which is not approved yet. Any thoughts?

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looivy

09-01 05:13 PM

Gurus,

I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.

I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.

Thanks.

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sattar419

08-05 11:18 AM

Hello all,

i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?

Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july

who will get GC first ? Person A or person B ?

thanks in advance.


Person A.

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gcseeker2002

04-13 08:56 PM

Is it enough to get 3 year extension with courtesy copy of I140 approval ? I am asking this because my company has just given the courtesy copy.
Also I understand that the old Eb3 PD can be used to get extension(how can employer revoke approved labor certification ??)

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