because fingerprints change every year? :pQuote:
Originally Posted by Turbulent_Dragonfly
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because fingerprints change every year? :pQuote:
Originally Posted by Turbulent_Dragonfly
Guys,
I have a unique question about the EAD/AP combo card. Last time I applied for this card, I didn't select the new "combo card option" on the application. Hence, I got two separate documents: an EAD card with two year validity and a separate AP document with only one year validity. Now my AP is about to expire in six months, so I want to apply for it again. I would really like to have a combo card, but the problem is my EAD card still have close to one and half year validity remained on it. My question is should I only apply for AP document or can I apply for both EAD/AP combo card even though my current EAD card have longer validity on it. I prefer the combo card, but due to this validity period mismatch, not sure what to do. Any suggestions would be appreciated.
Many of you may not know, but it has something to do with writing C9 vs C9P code in your I 765 application. I am myself not so knowledgeable about this. Every time I use to choose C9 and still get the combo card. This last time was the only time I got two separate documents (EAD card and AP document) with different validity.
i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.Quote:
Originally Posted by vedu
It may have to do something with the COVID situation back in March-August period when travel was very uncertain, and hence USCIS may have issued separate limited period AP document, that again depending on the officer processing your case. I have never traveled on separate AP document, so I am little apprehensive about relying on it and then they not allowing me to board the return flight and getting stuck in India. If there is anybody in this group who has previously traveled on separate paper-based AP document, please share your experience. That maybe useful for others.Quote:
Originally Posted by rabp77
vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.Quote:
Originally Posted by rabp77
Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.
9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )
Looks like USCIS is only honoring Final action Dates (FAD) for January filers. https://www.uscis.gov/green-card/gre...yment-based-59
Idliman,Quote:
Originally Posted by idliman
Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.
On another note, currently I am in the process of getting OCI renewed for my kids. That's another painful experience you have to deal with. The Indian Government OCI website and the new VFS Global website are designed for the 19th century! Very difficult to navigate through to find any clear info, and sometimes they simply don't work. Anybody who have filed for OCI recently will agree with me on this one. Bottom line, the pain will continue even after you receive your GC. The best thing to do is not to travel at all!
It is post #148 on EAD (and/or AP) Renewal thread. This also had a discussion on the C09 vs C09P. I think we concluded that C09P is better if you are eligible for a combo card.Quote:
Originally Posted by vedu
Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.
Couldn't agree more with this. People need to pay close attention to this point in their future EAD/AP renewals.Quote:
Originally Posted by idliman
forgotten souls
yeah..we are the forgotten souls :-(Quote:
Originally Posted by suninphx
The last digits of the year got inverted. Can be passed as a typo in the big scheme of things. 12 or 21Quote:
Originally Posted by suninphx
Question to the Gurus in the group.
1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .
This is how I would answer if I were in your situation.... See inline.
All the bestQuote:
Originally Posted by Mgajsk
Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?Quote:
Originally Posted by qesehmk
The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.Quote:
Originally Posted by Mgajsk
So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).
AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)
Thank you for the clarification inspired_P.Quote:
Originally Posted by inspired_p
My I-485 Received date is Oct 19 2020. so 180 days from that date is when I can change employers?
I gave up 2 offers in backlog. Hopefully things change soon. fingers crossed.
I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?
Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?
Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?
As per the law, the 180 days starts from the day the AOS application was filed with USCIS (https://www.govinfo.gov/content/pkg/...106publ313.pdf). However, the receipt notices from USCIS do not mention that date, and only have the date where the receipt notice was generated. So just to be safe IMHO, its good to go by the date on the receipt notice from USCIS. Otherwise in case you need to prove something, you will be relying on Fedex/USPS receipts, which likely carry less weight than a notice from USCIS itself.Quote:
Originally Posted by superuser
Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.Quote:
Originally Posted by delorean_doc
Got it...thanks
The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.Quote:
Originally Posted by rabp77
Quote:
Originally Posted by Mgajsk
No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.Quote:
1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.Quote:
2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.Quote:
3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.Quote:
4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.
Here's what I think:Quote:
Originally Posted by Mgajsk
#1 It depends on whether you wish to use your H1B visa or not, since if you want to do a visa transfer then your future employer needs to sponsor it. On the other hand, if you want to switch to EAD for your future employment then you won't need sponsorship any longer.
#2 You need to ensure that you are not deviating too much from your original job category, since as per the AC21 portability rule you'll need to prove that your new job is in the "same or similar occupational classification" as the job described in the immigrant petition filed by the prior employer. I'd suggest that you talk to your new hiring manager and discuss this beforehand, and continue to keep this in mind even as you progress in your career.
#3 The 6-month period is counted from your I-485 receipt notice date
#4 If you don't have it already, get a copy of your PERM labor certification and I-140 approval notice
To answer the second part of your question, as long as you can find a future job offer in the "same or similar occupational classification" as the job described in the immigrant petition filed by the original employer prior to an audit by USCIS, you should be good. It doesn't matter if you take a break in between jobs while you are in AOS. Using EAD gives you a lot more freedom in choosing your employer since they don't need to sponsor your visa which can be a deal breaker for a lot of hiring companies.Quote:
Originally Posted by superuser
I believe the second part of your question is unanswered so am going to try. I'll let other people correct me if I've mis-stated something. Under AC21, if your I-485 is pending for 180+ days, you can 'port' your employment to a different employer by filing I-485 supplement J and do not have to go through Perm/I-140 to restart your green card process. If you lose your job, you will have to find a new job and be ready to file form I-485 supplement J with the new job offer. The conditions for porting still apply (https://www.uscis.gov/working-in-the...ity-under-ac21)Quote:
Originally Posted by superuser
This is good news for all especially the ones who recently filed for I485. You don't need to pay for EAD/AP renewal.Quote:
On December 28, 2020, the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.
This signals the end of those fee increases – at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.
On line of similar discussion of job change during pending I-485...
My Company A has filed I-485 on 10/08/2020. I am with them for 10 years. The client "company B" was about to file H1B transfer before my filing date became current. So I slowed down the transfer process. Now most likely I will loose the opportunity if I don't join them soon.
1. Can I initiate H1B transfer petition with Company B at this moment and join them with H1B approval before 180 days? I can do I-485J supplement and AC21 after reaching 180 days.
2. Can I initiate H1B transfer to secure the position and join Company B after 180 days on H1B or with AC21? Any risk of meddling of pending I-485 by new H1B transfer petition?
3. I asked the attorney of "Company A" who filed I-485. The answer was political in nature. The response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Since the attorney copied staffs of my current employer in reply, I guess he is showing loyalty for continuance of business. Based on this I halted H1B transfer petition. Not sure what is the right thing to do here. I am counting each day.
Gurus, please help with your knowledge and guidance. Sometimes attorney's suggestion becomes more confusing.
I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��
Congrats! Can you please confirm if yours was EB2 / EB3? ,RD? and when was your bio done?Quote:
Originally Posted by mesan123
Nice and Congrats! Please share your date of filing and biometrics date. We just completed our biometrics this afternoon. Did the status online after the biometrics was done, if yes, how long after completing your biometrics appointment?Quote:
Originally Posted by mesan123
I still see many people confusing NOTICE DATE with RECEIVED DATE. The Notice Date is just the date the receipt notice was printed to be mailed to you. For the purposes of the 180 day clock, the RECEIVED DATE is when it's counted from. If it takes 2-3 months from the time USCIS received the application to generating the receipt because of overload like what's happening now, it's not the applicant's fault. By law, it's 180 days from the day the package was received by USCIS.
On your answer for Q2, can we really do any jobs on EAD after 180 days? don't we need to file I-485 supplement form as mentioned by others? Just curious to understand as the process it self is super confusing and very unclear from the authority.Quote:
Originally Posted by idliman
At least 1 job should be in similar to the job for which AOS is filed for. And at time of RFE the new employer needs to file I-485J to show that. But you can do multiple jobs not really requiring them to be in the same job classification( I actually think employer -employee contracts actually make it mandatory in most cases that second or third source of income is not in the same field)Quote:
Originally Posted by superuser
EDIT :I understand you question better now. Legally one has to have a job in similar classification at the time of adjudication so technically the job which is similar can be accepted at the time of RFE as well, as @idliman explained.
The USCIS is considerate about the "similar" clause . Most Indians wait for over a decade and they don't expect you to have the exact classification as your perm . Most have moved to managerial positions and I have not seen anyone have issues with it . in my previous work place the Technical Program Manager got is GC late 2019 while his perm was for a software engineer back in 2008. The Lawyers too seem to be fine as long as it is in the technical/Engg field if the perm was for a developer's position .Quote:
Originally Posted by inspired_p
Hi Zenzone, could you please also share your RD and whether EB2/EB3?Quote:
Originally Posted by Zenzone
thats certainly good to know. I had done my about 2+ years ago, when it just had a notice date, and no received date. Good to know they have the received date printed on it now. Yes, as per the law your 180 day counter started on the date it was filed.Quote:
Originally Posted by kash80
Good luck.
Thank you idliman, Does this mean the public charge related paperwork ( Form I-864) is also not required any more ? I belive public charge related paperwork is still required, but not sure.Quote:
Originally Posted by idliman