kaisersose
06-26 09:01 AM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
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Rolling_Flood
09-22 09:17 PM
Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
hopefulgc
03-31 10:49 AM
Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?
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sdudeja
01-30 11:19 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
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leoindiano
03-23 02:56 PM
lady cop was driving the other vehicle while DUI...Another lesson out of this incident, Never ever get behind the wheel, if you have more than couple of drinks....
pleaseadviseme
09-23 12:56 AM
Thank you very much for the quick reply!
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
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greatguy
02-16 11:42 AM
I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p
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HV000
03-09 01:26 PM
Can somebody recommend/suggest good immigration attorneys in Chicago for filing G-28 and AC-21?
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Anders �stberg
July 18th, 2004, 12:20 PM
I think I already have for birds. ;)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
:p Well, then I should too.
:o Please accept my apologies for saturating this forum with my bird pictures.
:cool: I'm not likely to stop though.
:( Unless Steve tells me to.
:confused: Anyone know what the faces mean?
:rolleyes: This one is particular.
:)
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thesparky007
05-16 10:34 PM
here is a new one
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mohanrajgoyal
06-02 04:42 PM
Hi,
I also went through similar scenario with my WIFE EAD. We didn't receive the receipt notice for her. When we called Texas Service center, CS told us he can't regenerate it again. We got the approval email on Saturday night.
Filed on April 7, 2008
Approval Email on May 31, 2008
I also went through similar scenario with my WIFE EAD. We didn't receive the receipt notice for her. When we called Texas Service center, CS told us he can't regenerate it again. We got the approval email on Saturday night.
Filed on April 7, 2008
Approval Email on May 31, 2008
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RandyK
10-29 03:04 PM
This could be an opportunity.......unfortunately there aren't many to choose from��.
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whitecollarslave
08-12 02:27 PM
My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
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gcdreamer05
11-18 02:11 PM
May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D
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glus
05-13 08:26 AM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
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pointlesswait
10-09 01:20 PM
regular being Perm+140 + 1485...
can we switch to Consular processing after the 140 stage?
my attorney says.. as long as the company can provide a letter stating the "job" will be available after the applicant gets his GC.. its possible to switch to CP...even at the III stage of GC processing.
but then CP can be risky..;-|
Regular processing being what ? AOS ?
can we switch to Consular processing after the 140 stage?
my attorney says.. as long as the company can provide a letter stating the "job" will be available after the applicant gets his GC.. its possible to switch to CP...even at the III stage of GC processing.
but then CP can be risky..;-|
Regular processing being what ? AOS ?
more...
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Sandeep
01-26 12:23 PM
(a) a policy paper by the committee for economic development
(b) A paper by Pia Orrenius and Madeline Zavodny of the FRB, Dallas, that discusses the effect of immigrants on wage levels
16
17.
(b) A paper by Pia Orrenius and Madeline Zavodny of the FRB, Dallas, that discusses the effect of immigrants on wage levels
16
17.
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drirshad
04-21 08:40 AM
http://hammondlawgroup.blogspot.com/
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
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JDM
11-27 10:46 PM
Happened to me too. No Idea what does this means
pune_guy
06-06 01:11 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
pd_recapturing
06-14 02:48 PM
If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?
