General Immigration Discussion

Quote:

---

Originally Posted by Jitesh

So that means we should not change employers even after 180 days of applying I-485?How about after getting EAD?

---

Also, another thing based on past experience on using AC21: during mid/late 2008 to early 2009, USCIS issued many NOIDS and even denials when an employer revoked I140 or USCIS became aware that the job offer doesn't exist anymore (search old trackitt threads from that time). This was mainly due to the fact that many of USCIS employees didn't even knew about the AC21 provision. From 2009 onwards, there has been a cohesive effort from USCIS so that their employees are aware of the AC21 rule. In the last couple of years, USCIS might have issued RFEs on employment verification, especially on AC21 cases but not straight denials. As long as the documents addressed the RFE questions/concerns, people had their cases either approved or probably pre-adjudicated (if the PD was not current).

I myself have used AC21 to switch employers. I haven't got my I485 approval yet, though I got a confirmation from USCIS saying that they have received all the AC21 documents that I forwarded them back in 2009. However, note that there is no guarantee that one will receive such a confirmation from USCIS and one can still receive RFE in relation to EVL, paystubs, etc.

Finally, it is your call on whether you will switch employers but I feel that as long as you have a valid job with similar job duties as listed in your Labor/I140 application, you shouldn't have any problems. As others noted, you are free to move 180 days after the receipt date of I485. You will be almost definitely have your EAD by then (on an average it takes ~3 months).

Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

Its funny how many of you ask the questions in the situations i have already been.

I received a pretty good offer and i became current. I declined the offer not knowing how many days it would take to get GC. There was absolutely no risk even if i had jumped the ship. But I just declined. I don't know if it helps at all. But thought wouldn't hurt to share.

p.s. - AC21 would've applied to me. 485 was preadj. So GC was close. In your case if 485 is to be filed anew then you have less incentive to continue with old GC.

Quote:

---

Originally Posted by cantwaitlonger

Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

---

Continue in lousy job for one more year. Just get it over with. IMHO.

Quote:

---

Originally Posted by cantwaitlonger

Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

---

Quote:

---

Originally Posted by cantwaitlonger

Congratulations to all whose PDs are current. My prayers for the dates to move forward at lightning pace in the months to come.
My PD is Aug 30, 2007. The day the bulletin came out, I also got my dream job offer - great title, growing market (Smartphones, which other market is growing:-) company doing H1 premium and EB2. Pay is ok but a great strategic move. Wife has her own visa.
Dilemma: Stay in super lousy current job or jump ship? Chances of retrogression past 8/30/07 ?
Appreciate any points to ponder.
Thanks. Good luck. GodSPEED

---

If I were you and be absolutely sure that I love the new job, then I would have moved with the new opportunity. This might delay your green card by at most 1 year; your new employer will do EB2 processing, you will get an approved I140 within a year. Since you are happy with the job offer and your spouse has her visa sponsorship, I don't see much problem with this delay. You can ask your new employer to start the green card processing as soon as you join and this will expedite things. One risk people mention is that it might be risky to go through the Labor/I140 process again but honestly, if the job meets EB2 criteria, I don't see any problems either.

At the end of the day, it is your call and different people react differently on various situations. Good luck with whatever decision you take!

My EB2 PD is September 2006 from NSC and I finally got an I-485 RFE on Oct 4th which means the wheels are in motion, processing has restarted for EB2.

On a side note, I almost got into very serious trouble with my EAD. It was set to expire on Oct 1st and because of the "current on June 1st" euphoria and everybody and their naani getting their greencard (except me), plus a bit of stinginess trying to save $800 (2 EAD renewal costs), I kept delaying my EAD renewal till 50 days before expiration. Also in the past my company never asked for the EAD but this time just two weeks before expiration they started sending reminders categorically stating that my employment would end if I didn't produce the EAD by Oct 1st. From what I hear, many states are now strictly enforcing the EAD rules and companies are under pressure to comply. I contacted my local congressman's office and his staff member was super helpful, made many phone calls, forwarded my company's termination threat letter to USCIS, and I got my EAD approval notice just 3 days before Oct 1st. EAD arrived in mail on Oct 3rd. Lesson learned - if you are still waiting for your GC pls don't risk delaying the EAD renewal application. File as close to the 120 day mark as possible. Your local congress person can help in cases where your job is in jeopardy.

Folks,

I have a Question regarding 485 Filing, MY PD is 12/19/2007 hoping that i will be current in next bulletin, Currently my wife is in India and she wont be returning back until end of Jan and i am planning to fly in second week of December and comeback with them.

I hope i can file in first week of December if u can complete all my medicals in time, only problem is how should i handle my wife's 485 Filing if dates retrogress back?

will i be able to file at later time ( july/aug 2012 time frame)?, or is it painful process?

if i get a fingerprint notice can i postpone it? and do i need to update Dept with new I94 once i am back?

Appreciate any kind of response, and thanks to all who provide lot of info in this forum

Quote:

---

Originally Posted by Teja9999

Folks,

I have a Question regarding 485 Filing, MY PD is 12/19/2007 hoping that i will be current in next bulletin, Currently my wife is in India and she wont be returning back until end of Jan and i am planning to fly in second week of December and comeback with them.

I hope i can file in first week of December if u can complete all my medicals in time, only problem is how should i handle my wife's 485 Filing if dates retrogress back?

will i be able to file at later time ( july/aug 2012 time frame)?, or is it painful process?

You can file for her later, if dates dont retrogress but why take the chance? Why don't you ask her to come back if your date gets current in next VB

if i get a fingerprint notice can i postpone it? and do i need to update Dept with new I94 once i am back?

You can postpone the FP notice but you might get it while in India. The actual FP date on the notice is usually 1-2 weeks later, so depending on your travel plans, if you get the notice while you are gone and don't appear for it or postpone it, you are at risk of abandonding your 1-485

Appreciate any kind of response, and thanks to all who provide lot of info in this forum

---

If you can it's advisable for you and wife to be both present in US and file together. It's also advisable to wait for I-485 receipts and FP notice before you travel ( Please see responses to username RRRRR questions before).

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?

I think he can.

Quote:

---

Originally Posted by soggadu

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?

---

Quote:

---

Originally Posted by qesehmk

I think he can.

---

Q, can you please confirm..."THINK" is a such an ambiguous word...Does AC21 apply to his case with just 140 approved?

Quote:

---

Originally Posted by soggadu

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?

---

Yes he is fine unless cancel is due to fraud. Sometimes nevertheless USCIS doesnt see that, doesnt port the PD, other problems, etc, and always the applicant jumps through hoops with lawyers, and finally USCIS agrees. So there is chance of heartache, but the truth shall prevail. satyameva jayate.

http://www.uscis.gov/files/article/afm_ch22_091206R.pdf

page 27
read the determining pd
section

Quote:

---

Originally Posted by soggadu

everybody...one question...for my good friend....

He is working for a company in civil engg and is having PD of 2009 EB3 with 140 approved 1 year back... Now he want to shift to another company and file in EB2, during this process if his first employer cancels the 140... can he still avail the 2009 priority date for EB2?

---

Message removed...

Quote:

---

Originally Posted by 10102007

AFAIK, once the I-140 is approved, the employer cannot cancel/revoke it. Gurus, correct me if I'm wrong.

---

Employer can cancel an approved I-140.

AC21 and ability to retain PD are two different things. AC21 allowes you to not only retain PD but leverage the same labor and 140 to directly gain 485 with a new employer. This kicks in 6 months after 485 filing and receipt.

Retaining PD means, even if you start over GC with another employer, your place in Q is determined by your old PD. But in this case labor 140 and 485 everything is done fresh.

Quote:

---

Originally Posted by soggadu

Q, can you please confirm..."THINK" is a such an ambiguous word...Does AC21 apply to his case with just 140 approved?

---

Quote:

---

Originally Posted by 10102007

AFAIK, once the I-140 is approved, the employer cannot cancel/revoke it. Gurus, correct me if I'm wrong.

---

Employer can revoke it anytime. But the revokation 180 days after 485 filing & receipt doesn't have any bearing on your GC. Before that deadline your GC is at risk.

Quote:

---

Originally Posted by 10102007

Wow Nishanth. You have to send that lady a big Panettone for Christmas. It is very nice of her to take this extra step to help you.

---

Yes, going the extra step. Really kind lady.

http://www.birdsnest.com/garcia.htm

Thank you.
On another note - its not a good idea to use LOGO from another company as your Avatar. Just sayin ...

Quote:

---

Originally Posted by indiaeb2

Cool. I have the i797 which i never used. Ok then i will submit.

---

Hello Gurus,

My PD is nov 1 2007 (EB2). Do you guys think I will have a chance to file for EAD next month?

Thanks,

Quote:

---

Originally Posted by romanitaly

Hello Gurus,

My PD is nov 1 2007 (EB2). Do you guys think I will have a chance to file for EAD next month?

Thanks,

---

Gurus, I'll take this one.

Yes!

Sounds good. We should keep an eye out for any pleas to call , email, contact congressmen senators etc.

qblogfan, are the Chinese on to it too.

Quote:

---

Originally Posted by snathan

Hi All,

I hope you guys wont mind for posting this...please check this thread.

http://immigrationvoice.org/forum/fo...f-success.html

---

Ron Gotcher's ImmInfo Newsletter has been posted and is now available for viewing at
http://www.imminfo.com/News/Newslett.../2011-9-30.htm

very informative. somehow clicking this link is not working, i went to their website and found newsletter link there. their blog is also down it seems.

basically there is good information about H1B over there.

Quote:

---

Originally Posted by Chilli19

Ron Gotcher's ImmInfo Newsletter has been posted and is now available for viewing at
http://www.imminfo.com/News/Newslett.../2011-9-30.htm

---

Quote:

---

Originally Posted by qesehmk

Thank you.
On another note - its not a good idea to use LOGO from another company as your Avatar. Just sayin ...

---

Done. Thanks for good advice

Quote:

---

Originally Posted by snathan

If you never joined that compny how its going to help to prove ? If you are on bench without pay with the current employer, and if you submit the I-797 of another employer for that period...still you are out of status. Its not going to make any difference.

---

I was never on Bench with my current consulting firm. I just did a mistake by applying tranfer early 06and it got approved but never even worked for them for a single day....

I am really confussed now..I have all the docs ready to mail out.....just waiting to get the answer for this one..should i show this i797 or not

Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word

Nishant / Soggudu/Snathan/ Veni or any one please can you give me the right advice on this..as i dont want to be messed up on this..

Thanks

Quote:

---

Originally Posted by indiaeb2

I was never on Bench with my current consulting firm. I just did a mistake by applying tranfer early 06and it got approved but never even worked for them for a single day....

I am really confussed now..I have all the docs ready to mail out.....just waiting to get the answer for this one..should i show this i797 or not

Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word

Nishant / Soggudu/Snathan/ Veni or any one please can you give me the right advice on this..as i dont want to be messed up on this..

Thanks

---

Its just my opinion...if you never joined or worked for them, do not submit. Always check with your lawyer

Guru's,

My Priority Date is 15 May 2008. I have got an offer with better Perks and Position. New employer is ready to process GC from scratch. Is there any chance i may get current in another 3-4 months. I would like to know your valuable suggestions

Quote:

---

Originally Posted by gcseeker

Spec and Nishant

Thanks for clarifying on the depature prior to AP being granted issue.It made me aware that there might be problems with the scenario.

The wording of the document is making me uncomfortable .Specifically the "granted before alien's departure part from US". I will have to make an decision on a similar situation where my spouse who is on a H4 visa and has maintained her status will have to travel to India sometime in Feb2012 . My 7th year H1 extension has been approved recently and I had planned for her to attend the visa interview and get her extension stamped as well.Technically if dates move in the next bulletin and I get current the AP would not have been granted by the time she leaves.

Now leaving aside problems associated with the visa stamping.Would she have an problem at the POE with an chance the officer might raise an question of I-485 having being abandoned ( even though the applicant was present in the USA when the application was filed and if she had an copy of the receipt ) .

---

I would like forum members to kindly desist giving advice on such specific cases or issues. Nobody -including me - on the forum is an immigration attorney and please do not expect help with legality of various scenarios. I hope you understand. USCIS is on a big crack down on illegal practice of immigration law & it may turn its eyes on such advice giving in forums such as this.

i am no guru...but my 2 cents...

Assuming you are in EB2 - There is some (may be 30%) for you PD to be current. However you have almost zero chance of getting yor GC in FY2012.
Even if you decide the join the new company, your entire application process will take about 1 year (Assuming the new employer will start GC immidiately and you can port your old PD).

So your time to GC should be almost same with your current employer and prospective employer.
Only thing that will be different will be your time to EAD/AP. With your current employer there is a chance (30%) you will get it in next 6 months or so.

Good Luck!

Quote:

---

Originally Posted by eb2may2008

Guru's,

My Priority Date is 15 May 2008. I have got an offer with better Perks and Position. New employer is ready to process GC from scratch. Is there any chance i may get current in another 3-4 months. I would like to know your valuable suggestions

---

kd2008

I understand the concern with advice giving.However the advice being given in the forum has helped many people plan better.

It is just my personal opinion that sharing of immigration advice would not constitute an illegal practise of immigration law.Also there was not anything particularly wrong with my question nor did I ask anything which is illegal.It was just an simple question of H4 travelling to India post I-485 filing.


Also kd2008 if you are referring to this blog post of USCIS on illegal practise of immigration law.Was that not aimed against people posing as lawyers and charging money (immigration scams) .I do not beleive it referred to forums or anything.

http://blog.uscis.gov/2011/06/uscis-...uthorized.html

On the other hand it will outlaw every forum from murthy.com to any other forum sharing advice.Still if the moderators decide such questions should not be posted, will not be posting them nor will be expecting advice .

Quote:

---

Originally Posted by kd2008

I would like forum members to kindly desist giving advice on such specific cases or issues. Nobody -including me - on the forum is an immigration attorney and please do not expect help with legality of various scenarios. I hope you understand. USCIS is on a big crack down on illegal practice of immigration law & it may turn its eyes on such advice giving in forums such as this.

---

Quote:

---

Originally Posted by gcseeker

kd2008

I understand the concern with advice giving. However the advice being given in the forum has helped many people plan better.

It is just my personal opinion that sharing of immigration advice would not constitute an illegal practise of immigration law.Also there was not anything particularly wrong with my question nor did I ask anything which is illegal.It was just an simple question of H4 travelling to India post I-485 filing.

Still if the moderators decide such questions should not be posted, will not be posting them nor will be expecting advice .

---

GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

kd2008

Well thanks for clarifying.I still do not understand the logic fully because thousands of questions have been previously answered on this site about personal situations.

Anywaz I respect the current stance of the moderators or senior members and will refrain from asking any questions related to Immigration here :).

Peace

Quote:

---

Originally Posted by kd2008

GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

---

Quote:

---

Originally Posted by gcseeker

kd2008

Well thanks for clarifying.I still do not understand the logic fully because thousands of questions have been previously answered on this site about personal situations.

Anywaz I respect the current stance of the moderators or senior members and will refrain from asking any questions related to Immigration here :).

Peace

---

I don't think that was kd2008's point at all. All he says is to ask the question as a 'Has anyone seen any instructions on ....' or 'Has anyone done ....', rather than, 'What do you think I should do?'

I personally think kd2008 may be a little too conservative but then he's done some research on the subject and I have not, so i'd go with his advice on this.

KD good point about legality and I think all members should take note that none of this is legal advice.

As per leaving to india without AP - my personal thinking + opinion is that you will NOT abandon 485 status as long as you filed 485 while in US, received receipts while in US and then left for India with either AP or some other valid immigrant status.

Not having AP only creates problems in your coming back. So if left with a valid H1 or any other immigrant visa then you can come back on that visa as long as the visa is valid.

If your status in US expired....
after you filed 485 - then you are still in valid status by virtue of 485.
before you filed 485 - then the filing itself is questionable and there is a very good chance the 485 will be rejected.

so when you leave US with a valid H1 or L1 status thats ok even if you don't have AP since you can always come back using the existign visa or can stamp a new visa based on the qualifying document for H1 or L1.

Its the situation when 485 is filed, you have no other immigrant status other than AOS that's when if you leave US without AP then your 485 may be deemed to be abandoned.

Again not a legal advice. If you are concerned - this is something I wouldn' ttry to save money and go directly to a lawyer.

Quote:

---

Originally Posted by kd2008

GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

---

Q

Thanks for clarifying and also sharing your view .The advice really helps .

Also thanks to Pedro for clarifying on the intent :) ,will make sure questions are phrased the right way.

Quote:

---

Originally Posted by qesehmk

KD good point about legality and I think all members should take note that none of this is legal advice.

As per leaving to india without AP - my personal thinking + opinion is that you will NOT abandon 485 status as long as you filed 485 while in US, received receipts while in US and then left for India.

Not having AP only creates problems in your coming back. So if left with a valid H1 or any other immigrant visa then you can come back on that visa as long as the visa is valid.

If your status in US expired....
after you filed 485 - then you are still in valid status by virtue of 485.
before you filed 485 - then the filing itself is questionable and there is a very good chance the 485 will be rejected.

so when you leave US with a valid H1 or L1 status thats ok even if you don't have AP since you can always come back using the existign visa or can stamp a new visa based on the qualifying document for H1 or L1.

Its the situation when 485 is filed, you have no other immigrant status other than AOS that's when if you leave US without AP then your 485 may be deemed to be abandoned.

Again not a legal advice. If you are concerned - this is something I wouldn' ttry to save money and go directly to a lawyer.

---

Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?

Note: My Wife is not primary application.

Can you please provide your input on this?

Spec, i have valid h1 and my wife h4 but not stamped, from what i googled and from all the post above, she will be able to travel without any impact to 485, which is a big relief....i am going to speak to attorny tomorrow just to be sure....

Quote:

---

Originally Posted by rahul2011

Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?


Note: My Wife is not primary application.



Can you please provide your input on this?

---

In my experience the i94 number doesn't change and stays the same when you get new 797 .... It only chanes at the port of entry when you are coming back into US......

You don't need a valid 797 to apply for ead but you have to have legal presence to apply for ead which can even be on a h1 reciept ....

Gurus please confirm...

Quote:

---

Originally Posted by soggadu

In my experience the i94 number doesn't change and stays the same when you get new 797 .... It only chanes at the port of entry when you are coming back into US......

You don't need a valid 797 to apply for ead but you have to have legal presence to apply for ead which can even be on a h1 reciept ....

Gurus please confirm...

---

Quote:

---

Originally Posted by rahul2011

Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?

Note: My Wife is not primary application.

Can you please provide your input on this?

---

Until one receives their i485 receipt, don't have A#.

So in this case, i assume your wife applied for COS to H1, enter i-94# (i765 question 10).

Quote:

---

Originally Posted by veni001

Until one receives their i485 receipt, don't have A#.

So in this case, i assume your wife applied for COS to H1, enter i-94# (i765 question 10).

---

it is H1B extension and she will get I 94 # number only after H1B approval. He has only Just receipt Number and in this case how can we enter i 94

Thanks Soggadu for your quick response.