eb2_485_mess
08-29 06:36 PM
what is the date shown on the online status message?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
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Lydia
06-18 11:24 AM
I understand it is law but he is denying... I did offer him money, but he says a big NO.
bkarnik
07-21 04:34 PM
I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(
2011 86 87 BUICK GRAND NATIONAL GNX
venky08
01-07 03:12 PM
there is a discussion about this elsewhere in the forum. please go thru the previous threads.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
more...
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.
greensignal
12-31 11:04 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
You can use your h1b to work after returning to US on AP.
You can use your h1b to work after returning to US on AP.
more...
langagadu
03-29 03:53 PM
nope
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desi3933
05-20 09:51 PM
...........
Is it possible to have EB2 category and old priority date without refiling new I-140?
No. You need 2 (or more) approved I-140s to port PDs.
__________________
Not a legal advice.
Is it possible to have EB2 category and old priority date without refiling new I-140?
No. You need 2 (or more) approved I-140s to port PDs.
__________________
Not a legal advice.
more...
vparam
05-26 02:16 AM
The first round was victorious. Hopefully the second and third round does not take out the hard victory QGA & Staffers of various Senators & the Senators have got us.
Thanks to all QGA & Staffers of various Senators & the Senators .
I was wondering if a webfax thanking QGA & Staffers of various Senators & the Senators could be set up. like in the lines of how AILA does where based on zip code an appropriate thank you or disappointment fax is sent.
Thanks to all QGA & Staffers of various Senators & the Senators .
I was wondering if a webfax thanking QGA & Staffers of various Senators & the Senators could be set up. like in the lines of how AILA does where based on zip code an appropriate thank you or disappointment fax is sent.
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ramaonline
07-27 02:10 PM
You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.
H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.
H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.
more...
aries
07-18 10:48 PM
Do you have a sample cover letter that you can share for self filing of EAD/AP and to what address the application should be posted. Thanks for the response..
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
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chandra140
08-24 09:34 PM
Hi,
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.
I recently got my 140 receipt notice with receipt date as 24-Jul-08.
I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.
pl give me the response.
Thanks for looking this.
more...
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mnq1979
06-26 05:07 PM
If the registration date on the birth ceritificate is latest, not obtained during her birth, then you might need to back it up with secondary documents. Any of the above said documents, including 2 affidavits, should be submitted along with the bc. In any case make sure that all secondary documents includes both your parents full names. If you are using 2 affidavits as secondary documents then make sure that affiants full names and their date and place of birth information is also included. This is exactly what I did. I have submitted latest bc and backed up with 2 affidavits. This is what I learnt from my attorney. USCIS has received my response and application processing resumed and I am putting my fingers crossed:rolleyes:.
I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.
Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
2 affedevits mean One from Father and one from Mother right !!!!
I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.
Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
2 affedevits mean One from Father and one from Mother right !!!!
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GCfast
09-08 12:44 PM
Tried it. works quite well..thanks
more...
pictures 86 87 BUICK GRAND NATIONAL
smccrea
03-14 05:31 PM
What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?
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sledge_hammer
03-07 10:40 PM
A little less than 70 days at TSC. Paper filing...
more...
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xbohdpukc
03-27 10:12 PM
I think the main point (and the most expensive one) is how you advertised your position and what requirements you put in printed ads. You can refile PERM and get a decision quite easily if you can find a wiggling room in your ad to squeeze your MBA degree in those reqs.
Good luck to you!
Good luck to you!
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lazycis
10-04 12:55 PM
Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?
Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606
Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606
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seahawks
09-23 04:22 PM
I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?
Many thanks
yes, go to the local USCIS office to request an emergency Travel Parole. I haven't done it myself, but when they lost my approved AP in the mail, I tried the route of going to the local USCIS office to get a duplicate one. They said there is nothing they could do and only could issue an emergency one. I expect you will have to provide some supporting documents to show your emergency.
In my case, we had to apply for fresh AP again and we are still waiting. That was a loss of over 600 dollars and counting. This system is painful!
Many thanks
yes, go to the local USCIS office to request an emergency Travel Parole. I haven't done it myself, but when they lost my approved AP in the mail, I tried the route of going to the local USCIS office to get a duplicate one. They said there is nothing they could do and only could issue an emergency one. I expect you will have to provide some supporting documents to show your emergency.
In my case, we had to apply for fresh AP again and we are still waiting. That was a loss of over 600 dollars and counting. This system is painful!
shahsahil
04-17 05:36 PM
No audit information from DOL on my PERM case.
10 months of silience from DOL.
I keep asking Lawyer about the staus. And seems like they didn't recieve any information.
Somebody suggested that some sort of sub account with read only permission can be generated if I want to see my case related information by myself.
Is this true?
-Sahil
10 months of silience from DOL.
I keep asking Lawyer about the staus. And seems like they didn't recieve any information.
Somebody suggested that some sort of sub account with read only permission can be generated if I want to see my case related information by myself.
Is this true?
-Sahil
VivekAhuja
06-20 06:33 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
But still, unless you are going on vacation, do not waste your money.
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