mpsamant
07-19 10:58 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
lazycis
11-29 04:00 PM
United States Code
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
bobzibub
12-15 06:02 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
AILA wouldn't be the ones to update us wouldn't they? USCIS is the one that makes the call. We can pester AILA to ask for an "update on the status of the decision making process" and that would likely make them finally do something.
I've asked the ombudsman on this issue. Never got a response.
IMHO:
I think that after a year (It must be getting close now) of being formally asked by AILA, USCIS basically must allow moonlighting under an EAD because they did not cite any law against it. They basically accepted AILA's interpretation when they stated that they "took it under advisement" and left it at that. Even if there is a magical law that appears now barring the practice, their inaction after so long has "blue skied" the moonlighting for at least those already practicing it. What alternative conclusion could an immigrant draw?
kpchal2
03-17 10:34 PM
HI
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
more...
gauravster
02-25 12:46 PM
In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.
STAmisha
11-16 03:08 PM
Abybody who has done this, please post it
more...
Dhundhun
06-12 06:34 PM
MY case details are PD:02/2002, EB2, India. I-485 RD: 06/06/07.
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008?
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008?
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
seltzer
02-12 03:42 PM
Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.
more...
AirWaterandGC
05-08 04:46 PM
I joined last month and started my direct conthly contribution from this month. Go IV !
GotGoose?
04-22 07:15 PM
Took your advice and made another one.
more...
Ramba
08-13 10:55 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
Whatever response you got from the AILa may be true. If the first employee got GC through that LC (by AC21), you cannot get second one and even you can not port the PD. In nutshell, one LC cannot produce two 140 or 2 GC. You may be lucky, instead of denying your 485, the uscis perhaps replaced underlying first I-140 (LC sub) by your second approved (original) I-140 with PD 2006. Dont rely on web case status check.
newskb
10-31 02:27 PM
Hi krustycat,
Any update on your I-485 application? I am in the same boat too, my attorney mailed our applications to Nebraska, nothing received so far. I did call the USCIS with the given # below, but they are asking me to wait another 10 more days, and they said they cannot submit Service request. -Thanks!
Any update on your I-485 application? I am in the same boat too, my attorney mailed our applications to Nebraska, nothing received so far. I did call the USCIS with the given # below, but they are asking me to wait another 10 more days, and they said they cannot submit Service request. -Thanks!
more...
hpandey
04-13 02:16 PM
COngratulations on finishing the long journey !! Keep visiting IV :)
ita
11-08 03:38 PM
Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I didn't get second part.
What is DHS?
Which address should I send AR-11 to ?
After all this is done will they resend the returned card or do I have to specifically request for it?
Thank you.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I didn't get second part.
What is DHS?
Which address should I send AR-11 to ?
After all this is done will they resend the returned card or do I have to specifically request for it?
Thank you.
more...
neerajkandhari
11-14 03:04 PM
I saw two lud on my i-485(yesterday and today) What does that mean?
I have completed my biometrics, received EAD and approval notice for AP has been sent.
Can somebody clarify on this please??
what is ur PD
I have completed my biometrics, received EAD and approval notice for AP has been sent.
Can somebody clarify on this please??
what is ur PD
ujjvalkoul
01-30 05:50 PM
How does this effect anyone applying for DL..
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
more...
hnordberg
October 24th, 2004, 08:24 PM
I like #3 the best because it is the one that would let me into the field. And the composition is simple and interesting.
validIV
03-25 01:49 PM
How come you are being paid if you are unemployed?
smsthss
11-12 09:59 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
gc_chahiye
09-17 02:35 AM
I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.
So, I have two questions and need advice.
1. When should I start working for Company A, upon approval of EAD or approval of GC.
Ideally, I would like to start working for Company A upon approval of GC.
2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.
Please let me know if anyone has similar situation and need what the reality is when EAD is approved.
Thanks.
Kum25
you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).
In the meantime you can do whatever you want at company B, either on H1 or on EAD.
So, I have two questions and need advice.
1. When should I start working for Company A, upon approval of EAD or approval of GC.
Ideally, I would like to start working for Company A upon approval of GC.
2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.
Please let me know if anyone has similar situation and need what the reality is when EAD is approved.
Thanks.
Kum25
you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).
In the meantime you can do whatever you want at company B, either on H1 or on EAD.
baleraosreedhar
11-19 02:36 PM
I am going to send a new Invitation letter will instruct them not to show the documents unless asked for.
Thanks
Sreedhar
Thanks
Sreedhar
