01.52
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Desertfox
04-28 12:59 PM
Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?
You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.
You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.
You will have to send a copy of of your E-file receipt, pending I-485 receipt, two 2"x2" passport photograph, copy of your previous EAD, drivers license & non-immigrant visa page (even if its expired, it will serve as a federal issued photo ID) from your passport.
You must read the I-765 instruction document available for download. Also the E-file receipt will have a list of DOs and DONTs on it.
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chanduv23
02-24 09:27 AM
Thank you theshiningsun and chanduv23.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Here is the whole meat - I have written about this probably 200 times.
You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.
If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.
Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.
In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.
AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.
Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.
Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.
If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Here is the whole meat - I have written about this probably 200 times.
You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.
If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.
Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.
In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.
AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.
Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.
Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.
If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.
shree772000
08-13 10:53 AM
Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
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arunmohan
11-14 03:51 PM
Thank you roseball. What is H1 COE?
more...
HereIComeGC
12-12 03:52 PM
Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.
hebron
06-14 03:09 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
more...
whyregisteration
12-19 03:18 PM
Is it necessary to file second time with I-140 reciept?
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
I heard one did not need apply another I-765 (EAD) unless it is expired or voided (one 140 approved is enough :D )
now 485 fee is $1010 for an adult, already including I-765 (EAD) fee :rolleyes:
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
I heard one did not need apply another I-765 (EAD) unless it is expired or voided (one 140 approved is enough :D )
now 485 fee is $1010 for an adult, already including I-765 (EAD) fee :rolleyes:
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Vsach
07-12 10:12 PM
Dear All,
If IV as a organization decides to file a law suite I shall contribute, decide the amount!
Regards
VSach:)
If IV as a organization decides to file a law suite I shall contribute, decide the amount!
Regards
VSach:)
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illusions
04-11 03:27 PM
it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.
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nozerd
01-17 09:35 AM
Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
more...
gc_mania_03
10-01 11:14 AM
Add me in..
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saravanaraj.sathya
08-08 03:23 PM
Jasmin - Thanks for ur reply. I know there are several posts regarding pay-stubs. but I was un-clear with the pay issue after filing I-485 thtz why I opened a new thread. I am sorry if it is not appropriate.
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
more...
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sumant18
07-17 08:52 PM
I've had enough waiting for more than a year now for this. It would help if somebody else can confirm a letter like this if they have received it also.
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martinvisalaw
02-23 06:10 PM
so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
more...
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chunky
07-26 03:17 PM
Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency
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GCBy3000
05-18 09:24 AM
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.
more...
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GCapplicant
07-21 02:07 PM
Misha,
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
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dummgelauft
05-07 12:11 PM
To all of you who get the adrenalin rush on seeing a LUD...
When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.
Do you get my drift...
Stop getting excited and opening new threads on LUDS. These mean diddly squat.
None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.
When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.
Do you get my drift...
Stop getting excited and opening new threads on LUDS. These mean diddly squat.
None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.
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dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
BharatPremi
07-27 12:49 PM
The correct answer would be differed on the basis of your current status.
Are you currently H1 holder or H4 holder?
Are you currently H1 holder or H4 holder?
pappu
04-19 12:33 PM
This thread is being closed as posted earlier in the thread. There will be mini action items posted in future by leaders of this initiative. Please participate on those initiatives.
