hmehta
08-08 01:49 PM
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
gcwait2007
10-21 11:50 AM
Our paralegal had advised as follows-
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
Blog Feeds
06-03 03:40 PM
WASHINGTON � U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
skd
09-06 03:18 PM
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
You should get yours in 1-2 days
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
You should get yours in 1-2 days
more...
andy garcia
07-25 12:19 PM
I got an approval email from CRIS last week on my I-140.
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
Approval notice goes to Attorney a courtesy copy to Employer
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
Approval notice goes to Attorney a courtesy copy to Employer
jambvan
04-12 01:19 PM
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
more...
senthil1
02-17 04:45 PM
I think you are in H1 status now. When your Passport is stamped with H4 then your status will be changed to H4. If you want to work again then you need to change again to H1 with change of status
I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.
Please share your thoughts...
Thanks
I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.
Please share your thoughts...
Thanks
anilkumar0902
08-26 11:59 PM
got similar RFE
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
more...
veni001
06-18 10:25 AM
As far as i know only time you can recapture PD is if you filed I-485 and 180 days passed, If you haven't filed for AOS and your approved I-140 is withdrawn by the employer then you can not recapture that PD.
I would check with a good immigration attorney before making a decision.
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
I would check with a good immigration attorney before making a decision.
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
sargon
05-18 11:51 AM
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
more...
ItIsNotFunny
02-13 03:10 PM
Congratulations!
It is quite normal to have few weeks for card production ordered. Enjoy your freedom.
I got the following message from USCIS:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
It is quite normal to have few weeks for card production ordered. Enjoy your freedom.
I got the following message from USCIS:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
rego
04-22 11:43 AM
My Regular H1 Extension (8th Year) was approved in one week, in March.
more...
saps
03-16 06:04 PM
My two cents are that you should attach your receipt notice for I-485 and approved I-140 along with your spouse's application right now instead of waiting for his/her receipt notice. BTW, this is based on an opinion of attorney I consulted.
I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.
I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.
Thanks
I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.
I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.
Thanks
gopikrishnayr
09-07 10:03 AM
Thanks for the advices. I was more worried about any negative issues on my current 485 if I block the payment on my second set of checks. I think USCIS also will be fined if the checks bounce. I called customer support and they told me that the money would not be refundable but you can withdraw your application by writing a letter.
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Hopefully their system will block the entry of my application
If I do not block my checks my worry is that it might create duplicate cases.
Yes in my second set of application I did mention the reason why I am filing the second time
Hopefully their system will block the entry of my application
more...
horscorp
03-09 01:49 PM
Hello Ann,
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
devikas81
06-16 08:12 PM
EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
Pls. advise
Pls. advise
more...
upuaut
09-15 03:27 AM
Are you talking about the "rayoflight" effect?
If so, I built a tutorial on replicating it, which is located here.
http://www.kirupa.com/developer/flash5/rayoflight.asp
if it's not that effect, write back and let me know what you're talking about.
If so, I built a tutorial on replicating it, which is located here.
http://www.kirupa.com/developer/flash5/rayoflight.asp
if it's not that effect, write back and let me know what you're talking about.
cybergold
04-28 03:07 PM
Oh no... The link is dead. I am going to have to make my own site and put it up, i'll try getting it back up asap
Sreeshankar
01-25 08:42 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
EndRetro
04-19 09:27 PM
I would advise against going outside of your district to apply.
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.
I have an AP (through my wife company GC petition), worst case I will use it.
If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.
Why would you want to risk that?
Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.
I have an AP (through my wife company GC petition), worst case I will use it.
amitjoey
07-11 11:59 AM
I disagree...I think our next steps should be letters/webfaxes/phone calls to senators and Congressmen/women.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
The reason why the flower protest news gained some legs was because it was unique. Lets not over do things. Now that we have somewhat of the media coverage, especially in NY times & Washington Post, we should write letters to senators/congress and request assistance.
We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
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