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admin
PlainSpeak
01-13 10:06 AM
I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far.
Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD
If I get laid off and my employer cancels the h1b, Am i out of status?
If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.
2) Can they cancel my approved i 140?
Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
See above ....
Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me
Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD
If I get laid off and my employer cancels the h1b, Am i out of status?
If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.
2) Can they cancel my approved i 140?
Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
See above ....
Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me
anilsal
01-13 10:47 AM
an infopass. The CIS official has a lot of information as to what is happening with the file. They can tell if someone is working on the file.
If infopass does not work, go via senator and ombudsman.
Best of luck!!
If infopass does not work, go via senator and ombudsman.
Best of luck!!
coopheal
01-26 10:28 AM
Good movement. Looks like USCIS going work.
cfan666666
06-22 03:45 PM
Thank you for the information,
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
according to this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b0f860a07706d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
There are many mailing addresses for TSC
USCIS TSC
P.O. Box 851983
Mesquite, TX 75185-1983
USCIS TSC
P.O. Box 850965
Mesquite, TX 751185-0965
USCIS TSC
PO Box 850919
Mesquite, TX 75185-0919
USCIS TSC
PO Box 851182
Mesquite, TX 75185-1182
USCIS TSC
PO Box 852685
Mesquite, TX 75185-2685
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 852135
Mesquite, TX 75185-2135
USCIS TSC
PO Box 279030
Dallas, TX 75227-9030
USCIS TSC
PO Box 851804
Mesquite, TX 75185-1804
Any idea for filing 485?
thank you and have a nice weekend.
more...
Raj12
02-05 05:25 PM
I am in Alabama (near Huntsville)
IVFOREVER
03-06 04:10 PM
I think given the volume of name checks cleared and USCIS is working on these cases(assuming) it will move to 2001 oct MAX or the same month and move a couple of days.
more...
raysaikat
01-10 10:08 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
D
That probably was unnecessary and may triggered the additional check due to export control of high end researches.
qualified_trash
06-29 03:13 PM
Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.
I completely agree with you that it feels a lot better when you have a copy to look at.
However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.
more...
franklin
09-11 05:12 PM
I ordered mine last week, but they still haven't arrived.
How long did it take those who have them already to arrive?
How long did it take those who have them already to arrive?
dealsnet
07-16 09:52 AM
According to the law, you are not liable to pay it. They can't force you to pay. But if you are out of project and desperate, just agree for the clause and get that job.
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).
I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.
Any help is appreciated.
Thanks
R
more...
prom2
07-22 12:00 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.
You guys are wrong.
1) The new fee for I-485 is a package fee (includes EAD and AP)
2) EADs and APs are included as long your adjustement application is pending.
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part Nothing comes free here.
You guys are wrong.
1) The new fee for I-485 is a package fee (includes EAD and AP)
2) EADs and APs are included as long your adjustement application is pending.
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
antihero
05-21 08:44 PM
Let's not laugh it off so completely. When was the LUD on your I-485? It will give us some more clue about what exactly is going on behind the iron curtains.
Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
more...
chandrajp
08-15 03:56 PM
Did you use AC21? how long ago you applied for 485?
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year
radhagd
03-09 04:05 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
more...
Jerrome
05-21 12:41 PM
I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
We applied for her H1 in 2007 April, it got approved on September 2007.
We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.
We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.
Her H4 approved on November 2008(but i was no more in H1).
I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.
SunnySurya
08-21 03:15 PM
Thanks, I gave you some green dots for your answers.
You asked about my age: I will be 40yrs old this December. I came here when I was 29.
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
You asked about my age: I will be 40yrs old this December. I came here when I was 29.
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
more...
man-woman-and-gc
03-10 10:48 AM
. I had the same. you should be getting an Interview at the local office soon(in one or two months time). They want to verify something regarding your case. In my case it was the missing vaccination document
Thankks for responding. Atleast now I know that my application is alive at USCIS.
Thankks for responding. Atleast now I know that my application is alive at USCIS.
universalgc
08-10 12:41 PM
Hello All
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.
Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.
My employer paid me for my 485 application,he gave me his personal checks in the name of uscis, i applied with those checks, now i hear that
"The Address Printed On your checks Must Match the adress given in work sheets[in 485]"
I am confused,will they accept the application,checks are not cashed yet,applied on july18th
Please Help
Our company checks address is differant than coporate address. We never had any issue with USCIS regarding the address.
I think people are getting lot of doubts because USCIS not issuing the receipts promptly. , some of the checks do not have address also.
Cheer up people think logically and forget about it. Our company attorney charge the amount based on phone calls and emails also. So Dont bother your attorney, it is a simple matter.
jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
thomachan72
06-04 11:38 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
No, they said may be this Friday / next week.
No, they said may be this Friday / next week.
johnwright03
06-14 10:16 PM
does anyone the fate of future GC aspirants...i mean the people who are not in the run for 485...whose Labor is not approved...does anyone until when the pd going to stay current...of course the bulletin says pd might retrogess in the month of September for indian born nationalities...?? is there any chance that the pd might retrogess in the next month itself..??
well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????
Lots of Hurdles in Life.....
but, Life is a Camera, face it with a SMILE...!!!
well, i just applied for my PERM...i am not sure if i my perm wud get approved by the big day ( July 31st)...??????
Lots of Hurdles in Life.....
but, Life is a Camera, face it with a SMILE...!!!
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