SREE_485
08-09 02:01 PM
I am new member and will appreciate anybody clarifies my concerns regarding my I-485 filed on july 2nd.
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
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Hassan11
04-14 05:06 PM
Thank you txh1b
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.
485Mbe4001
04-13 04:31 PM
Suddenly everyone is out to relieve the poor old neglected 'hi-tech' guy :D ...wonder if we are being used as a bargaining chip for CIR...
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chi_shark
06-16 09:43 AM
1) yes stop working
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
2) if they send you an RFE for job during the time that you are out of eligibility and you cannot prove an offer of full time employment, your 485 could be denied. But, this is a grey area... some say you just need an offer. others say you need to have a job...
3) if you work without ead, you will be working illegally.
4) by law, you have to show original documents to your employer regarding work authorization. so, you need to have the card in hand... but if you dont and your case hinges on that little technical gap, you may be able to argue in court that you were authorized to work, hence legal, but you have committed an erroneous i-9 submission (is that a crime? i dont know).
even i am in a situation thats a little bit like yours, my ead expires aug 10 and i applied for renewal on june 17th. so i could possibly face a 7 day gap in work authorization (i hope not).
hope this helps.
Hello :
My EAD expires on July 28, 2010. I have sent the application today with request to expedite with employer letter.
If I don't receive my new EAD card by July 28, 2010, then
1) Will/Should I stop working?
2) If I do stop working, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
3) If I continue to work, what impact will that have on my pending I-485? Am I not OUT-OF-STATUS if I don't have a valid EAD?
4) Can I continue to work/remain IN-STATUS as long as my EAD application shows "Approved" on USCIS website but I don't have the physical card with me?
Any response to these questions will be highly appreciated.
Thanks!
more...
senk1s
02-06 11:52 AM
H1-
cons:
H1 can be revoked by employer anytime, but they'll have to arrange for return transportation(in my opinion it is not as safe a fallback as it is commonly believed to be) - as always it depends on the employer
EAD:
pros:
One is never out of status till 485 is adjudicated adversely
cons:
H1 can be revoked by employer anytime, but they'll have to arrange for return transportation(in my opinion it is not as safe a fallback as it is commonly believed to be) - as always it depends on the employer
EAD:
pros:
One is never out of status till 485 is adjudicated adversely
reachinus
07-14 01:44 PM
Can you please tell us from where you got those LIN # from -source please
uscis web site
uscis web site
more...
bbenhill
10-07 09:32 PM
Hi, thank u all for the reply .. I will go ahead and go for my vac ..
i guess I am worrying too much ... :-)
i guess I am worrying too much ... :-)
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Googler
07-04 01:14 AM
Saw this at (concurrent filing tracker)
http://www..com/discuss/140_485/9614841/
*********************
I-140/I-485 case: Approved in 915 days (700 days more than average*)
User: aarun Labor Filing Date: 02 Jun 2004
Service Center: Nebraska Category: EB3
USCIS Receipt Date: 29 Dec 2004 USCIS Notice Date: 11 Jan 2005
I-140 Processing: regular I-140 Approval Date: 25 May 2005
Fingerprinting Date 1: 10 Feb 2005 Fingerprinting Date 2: 15 Aug 2006
RFE: no RFE Reply Date:
I-485 Status: approved I-485 Approval Date: 02 Jul 2007
Name Check Status: not sure Name Check Approval/Denial Date: N/A
Card Ordered Date: 02 Jul 2007 Card Received Date:
EAD Approval Date: 25 Sep 2006 AP Approval Date: 25 Sep 2006
Nationality: India Last Updated: 02 Jul 2007 9:01pm PST
*********************************
BTW, this is not a typo, the user aarun clearly states in the reply to comments that these details are correct.
Total anarchy!! How can this happen? EB3, June 2, 2004 was not current in June 2007!
It struck me that all these years we have taken USCIS' word on the idea that they issue green cards by PD -- they don't release any statistics on greencards issued by PD and country, so we have no idea if they do this all the time, issue green cards any which way they like!
I should add that I feel no animus against aarun, he/she is just like any one of us stuck in this lightless, informationless black box of a process, good that he/she got lucky. This incident is tremendously informative for the rest of us cos it tells us how logic free and lawless the process really is.
http://www..com/discuss/140_485/9614841/
*********************
I-140/I-485 case: Approved in 915 days (700 days more than average*)
User: aarun Labor Filing Date: 02 Jun 2004
Service Center: Nebraska Category: EB3
USCIS Receipt Date: 29 Dec 2004 USCIS Notice Date: 11 Jan 2005
I-140 Processing: regular I-140 Approval Date: 25 May 2005
Fingerprinting Date 1: 10 Feb 2005 Fingerprinting Date 2: 15 Aug 2006
RFE: no RFE Reply Date:
I-485 Status: approved I-485 Approval Date: 02 Jul 2007
Name Check Status: not sure Name Check Approval/Denial Date: N/A
Card Ordered Date: 02 Jul 2007 Card Received Date:
EAD Approval Date: 25 Sep 2006 AP Approval Date: 25 Sep 2006
Nationality: India Last Updated: 02 Jul 2007 9:01pm PST
*********************************
BTW, this is not a typo, the user aarun clearly states in the reply to comments that these details are correct.
Total anarchy!! How can this happen? EB3, June 2, 2004 was not current in June 2007!
It struck me that all these years we have taken USCIS' word on the idea that they issue green cards by PD -- they don't release any statistics on greencards issued by PD and country, so we have no idea if they do this all the time, issue green cards any which way they like!
I should add that I feel no animus against aarun, he/she is just like any one of us stuck in this lightless, informationless black box of a process, good that he/she got lucky. This incident is tremendously informative for the rest of us cos it tells us how logic free and lawless the process really is.
more...
H1B-GC
04-07 10:50 AM
Just got it. Right now.Thanks guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
Congrats Fella!! Now time to stay at the Mail Box in the afternoon to check out the mail.Go 'Green' and pls. keep coming to the forum as and when time permits.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
Congrats Fella!! Now time to stay at the Mail Box in the afternoon to check out the mail.Go 'Green' and pls. keep coming to the forum as and when time permits.
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gtg506p
03-09 11:25 AM
Great. Can you give more details like:
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
1. What was your complaint basis?
2. Did you do DOL or lawsuit?
3. How long it took?
4. Did you get trouble from the desi emplyer?
Thanks
more...
uma001
11-16 04:51 PM
so, 9 days means urgent....
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gg_ny
02-16 06:07 PM
I bet you are kidding. If you aren't, then what I meant was various rules and regulations that come with each application, application process available from USCIS. One good way is to go to state.gov or to popular immi law education sites of lawyers (google comes handy here).
Where can I get this? Local Library ?
Where can I get this? Local Library ?
more...
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desi3933
05-04 10:44 AM
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
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pa_arora
04-21 04:26 PM
Someone told me recently, if ur on EAD and 485 gets rejected, ur H1 can be reinstated. This H1 will not be from the cap and you will only be getting the left over time from 6 yrs.
Is it true, if yes, can someone thow some light on this.
Is it true, if yes, can someone thow some light on this.
more...
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gimme_GC2006
09-14 09:56 AM
BUMP
Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?
Thank you
In the application instructions..the address for private carriers will be right below the USPS address
Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?
Thank you
In the application instructions..the address for private carriers will be right below the USPS address
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JunRN
12-17 06:25 PM
Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.
more...
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HRPRO
02-23 10:46 AM
HRPRO
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry
On a side note this happened when i was travelling back from India via Lufthansa
Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.
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kris04
11-12 09:33 PM
while porting the Job through AC 21 one have to keep in mind that USCIS have not brought any regulation to date, though occasionally there are some chatter from AILA that USCIS will bring it pretty soon. After porting the job and regulation is passed, it will be applied retroactively and in some case could seriously affect those AC 21 cases that do not meet the regulation strictly. I have seen in several post from each person about risk in getting RFE after porting the job, but never consider the potential impact of any regulation passed by USCIS(yeah we know these guys are too lazy :)
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
HTH
kris
PS: I have done AC 21 successfully in my case and got my GC approved without any RFE
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learning01
05-22 12:09 PM
Keep checking every day or if possible atleast 4 times a day. They will release dates suddenly ( I don't know the rhyme or reason). One appointment for a family. You can add additional members right away. But once you pick a date, you CANNOT prepone or postpone. When you select the date of appointment, it will NOT ASK for CONFIRMATION; so please be sure of the date BEFORE HAND. Then you will proceed to type the 3 forms for each person going to the interview. For each person it takes atleast 20 min to fill the forms.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
ramaonline
02-08 02:48 PM
http://www.ilw.com/immigdaily/news/2008,0208-namecheck.pdf
PD_Dec2002
07-07 09:49 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
