JazzByTheBay
07-19 08:03 PM
Compared to a 4-5 year wait with all the traps of AC21, EAD/AP renewals, etc.?
Yes offer premium procesing of 1-485. They can charge maybe 5000$ per person.
Yes offer premium procesing of 1-485. They can charge maybe 5000$ per person.
wallpaper Girls#39; Generation – Run Devil
gene77
10-19 01:54 PM
My case is exactly like yours ....
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
1st 140 under EB3 PD Oct 04
2nd 140 under EB2 still pending, requested for EB3 PD Oct 04 to be ported - awaiting porting results.
However, since your 485 is already filed with a EB3 I140, you are requested USCIS to 'link' (for lack of better words) the new EB2 I140 with your pending I485. Per my interpretation of what I have read in Matthew Oh's website (I'll post later) and Perarson's memo, we can request this interlinking only when the PD for our 2nd I140 is current.
However your lawyer suggests differently - which may be fine and may work just as well. In fact, if your case works, then I won't wait for my PD to be current either and will interfile immediately after approval of my I-140.
here is where my confusion lies....I'm sure you must have this also.
This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
� However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the next I-140 petition.
Please share this with your attorney and update the forum members of their response.
Gene.
![girls generation taeyeon run devil run. [HD] Girl#39;s Generation (소녀](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_sDo68PeycH6IaD7tFWLBnX6Gf3PgGkUppwJjiFVjl0RkUxE3lWHuSVUsXVy7Y87q_13TEKEIdMa92VOfPSr0omClNZTJD-8kdDcbpYj5IDYik=s0-d "[HD] Girl#39;s Generation (소녀")
ChainReaction
10-19 09:26 AM
I have my I-140 approved from previous employer , and my labor for the current employer is stuck at BEC center. Can i get a three year extension on my H1b ? OR the I-140 has to be from the current employer?
Thanks
Thanks
2011 Girls Generation Jessica Run
lvaka
05-05 03:40 PM
Can anyone please help me with the EFile of EAD. I am applying for my first renewal.
1. Question: Have u ever applied for EAD? if Yes, Date for application:
Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?
2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?
3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?
4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..
I would appreciate if anyone can help me with this info.
Thanks,
1. Question: Have u ever applied for EAD? if Yes, Date for application:
Which date should we fill in here. Should it be First EAD Received Date or Notice Date or approved Date?
2. While Efiling we have a field (With dropdowns) Current Immigration status(Visitor, Student etc..) which drop down value should we fill if we are on 485 Pending (AOS) as my H1B expired already?
3. If you pick C9 for Eligibility Status Question, we have a Text box for the question, please provide information concerning your eligibility status.. what should we fill in this box?
4. At the end of Efiling, does it provide us with any supporting documents that needs to be mailed? or Do you know which one to send? As per the Paper based document instrcutions we should send, 485 copy + EAD Copy. No photos as per the Efiling instructions and should send the EFiled receipt notice..
I would appreciate if anyone can help me with this info.
Thanks,
more...
GSB
10-02 12:55 AM
People travelling to India, especially from the West coast should fly via the Pacific. Asian airlines such as Thai, Cathay and Asiana all offer better fares, better service and faster transit times.Plus these countries are not trying to fleece people by requiring that they get a "Direct Airside Transit Visa". It happened with my family when they reached the airport to board their flight on Virgin , they were not allowed.I then bought tickets on Thai for the next day. To compound the pain, Virgin imposed a "No Show" fee on each ticket despite going to the airport. I think it would be best to avoid most European carriers, if for no other reason but they offer higher fares, terrible service, long transit times and last but not the least; the scam of the century(Airport Transit Visas). What do they think the passengers will try to do, jump off the walkway and make a run for it so they can settle illegally in U.K!I think the U.K govt is running out of ways to make money so they have found the most ridiculous way to make a few extra pounds from people foolish enough to travel on one of their carriers! DONT FLY VIA U.K. PERIOD!
ebizash
07-09 09:36 PM
Thanks Kris, this gives me much needed relief!
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willigetgc?
01-28 09:11 AM
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2010 [HD] Girl#39;s Generation (소녀
test101
10-05 01:18 PM
how do you know if your name is in name check? or stuck in name check ?
is there a phone number to check if a person has been cleared or not?
thanks.
is there a phone number to check if a person has been cleared or not?
thanks.
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vnsriv
09-26 01:59 PM
My AP and EAD both came to me directly.
Did you file your case or your attorney. Usually attorney give their address for correspondence. Let me know.
Did you file your case or your attorney. Usually attorney give their address for correspondence. Let me know.
hair Favorite Song from Girls#39;
GCKaMaara
05-12 02:52 PM
How much spillover to EB2 India you guys are estimating this year?
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kumar1
10-02 08:51 AM
I will not travel through London, does not matter if I need a transit visa or not. This practice of imposing transit VISA is fundamentally wrong and I am not going to buy it. Transit VISA is for those who wants to go out of the airport for less than 24 hours. It should not be imposed on those who just want to sit and wait on the airport for their connecting flights. So....use your economic power and let them feel the heat.
hot Girls Generation Jessica Run
frostrated
08-05 03:43 PM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
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house called Run Devil run.
user9
06-04 11:33 PM
Seems like finally you nailed it Dhundhun...:)
Also at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
read under the section
Applications/Petitions filed at this Service Center
Since all applications and petitions adjudicated at the NSC are entered into the electronic receipting systems for tracking, any application or petition received at the NSC and that has been accepted elsewhere by a USCIS office will be assigned a "LIN" (short for Lincoln.) number.
Also, just today, my lawyer asked me to file where the I485 is pending. After I filled the application online today, it too generated the LIN address where my 485 is pending, although I have now moved to PA which is under the Texas service center.
I have a quick question for everyone who has filed online. The I765 that is generated and appended at the end of the receipt pdf is an older version for me. The top left corner header is U.S. Department of Homeland Security,
Bureau of Citizenship and Immigration Service and the top right header is some OMB# and Expires 04-30-05. The bottom right footer reads Form I-765 (Rev. 5/09/02)Y
Q11. Also reads
Have you ever before applied for employment authorization from BCIS?
Which CIS Office?
Did anyone of you get the same older version. Because I would expect the online receipt form to resemble the latest paper version. Which it doesn't..atleast for me?? :confused::confused:
Please respond...Thanks...
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
Also at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
read under the section
Applications/Petitions filed at this Service Center
Since all applications and petitions adjudicated at the NSC are entered into the electronic receipting systems for tracking, any application or petition received at the NSC and that has been accepted elsewhere by a USCIS office will be assigned a "LIN" (short for Lincoln.) number.
Also, just today, my lawyer asked me to file where the I485 is pending. After I filled the application online today, it too generated the LIN address where my 485 is pending, although I have now moved to PA which is under the Texas service center.
I have a quick question for everyone who has filed online. The I765 that is generated and appended at the end of the receipt pdf is an older version for me. The top left corner header is U.S. Department of Homeland Security,
Bureau of Citizenship and Immigration Service and the top right header is some OMB# and Expires 04-30-05. The bottom right footer reads Form I-765 (Rev. 5/09/02)Y
Q11. Also reads
Have you ever before applied for employment authorization from BCIS?
Which CIS Office?
Did anyone of you get the same older version. Because I would expect the online receipt form to resemble the latest paper version. Which it doesn't..atleast for me?? :confused::confused:
Please respond...Thanks...
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
tattoo 68%. Tiffany
payur
10-05 02:20 PM
Most audits are routine, once you can back up your claims with paper records/receipts you will be OK, but consult with your CPA and be ready to address the points raised.
Unless you have been found to commit criminal fraud, it should not affect your green card petition. Small penalties and the like have no effect. Last year I had to pay a small penalty because I underestimated my taxes deducted during the year.
You are getting an audit for the 2005 year now? I would have thought they would have moved on by now. Did you take an extension and file late last year?
You can expect it anytime. The retention period is 7 years, so keep all your tax filing papers and all related docs for at least 7 years.
Unless you have been found to commit criminal fraud, it should not affect your green card petition. Small penalties and the like have no effect. Last year I had to pay a small penalty because I underestimated my taxes deducted during the year.
You are getting an audit for the 2005 year now? I would have thought they would have moved on by now. Did you take an extension and file late last year?
You can expect it anytime. The retention period is 7 years, so keep all your tax filing papers and all related docs for at least 7 years.
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pictures Girls Generation showed a
jayleno
09-19 11:49 AM
Buddy let me know ASAP if its really going to make a difference, I will try to speed up the process.:D
We would like to know the count of GC waiting applicants with US citizen children.
We would like to know the count of GC waiting applicants with US citizen children.
dresses For more amazing RunDEVILRun
pappu
06-20 10:08 AM
Personnel message sent.
Saw your message. Thanks.
If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.
Saw your message. Thanks.
If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.
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makeup Girls#39; Generation - Run Devil
optimist
06-22 01:34 PM
...The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones...
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
girlfriend Samples of Run Devil Run
vin
06-14 08:53 PM
The agreement, coming after President Bush’s pledge earlier today to provide $4.4 billion for border security, revives a bill that had stalled in the Senate and was all but given up for dead.
Seeing the quote from the link provided, I feel all the ripped off $$$ from us will be used in enforcing border security..:-) They must've pondered "where will all the money come from??, and then someone must've come up with the idea, hey clear the GC backlogs of the past 5 years and make the dates current tomorrow!"
Seeing the quote from the link provided, I feel all the ripped off $$$ from us will be used in enforcing border security..:-) They must've pondered "where will all the money come from??, and then someone must've come up with the idea, hey clear the GC backlogs of the past 5 years and make the dates current tomorrow!"
hairstyles Run Devil Run sang by me
alp_waj
11-07 09:43 AM
What are the chances of Continuing my GC processing, if I Submit my resignation by Nov 15... I am yet to receive my I-140 approval and my 485 was filed in July
thanks
thanks
gcsucks
05-03 08:05 AM
There is a very clear distinction b/n Legal and illegal immigrants. He loves chinese food, indian food. He never says he does not like other cultures. What he says is that others come into this country and try to claim that it is their own country and start doing things the way they want to do. But legal immigrants for the most part are different they come here and play by the rules. they speak english, they love america and that is the reason they stay here. I think it is very important to talk to him and see what his stand is on this. It does not hurt. It is tough to get thru' to talk to him and hence I posted the message here so that others can also try and may be one of us will get to talk to the guy. If we just stick to the IV talking points and tell him we love america and of course are english speaking ( we are definitely not lying) he will be fine.
I would not recomen contacting Mr Savage. He does not appear to be the person that would help our cause.
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
I would not recomen contacting Mr Savage. He does not appear to be the person that would help our cause.
He is openly anti-latino, openly calls for burning of mexican flag etc..
why do you think he would support legal immigration?
optimystic
03-06 12:43 AM
^^ bump ^^
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