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Follow EAD Renewal DIY guide and you will spend less than $30 for renewal (including FedEx). Don't wait. Act as if like you will not get GC immediately. With the current extended processing time, you don't want to take any chances. Good Luck.Quote:
Originally Posted by mesan123
Only the I-485 is new. For I-765 and I-131 there are existing templates. For I-485, you need to file I-485 Supp J, that will require signature from company. I-944 has been discontinued. See USCIS website.Quote:
Originally Posted by sling10
Will do. Will fike by July first week. The day my 6 months elibility starts.. thank you…Quote:
Originally Posted by idliman
I fully agree with idli. In immigration matters, you need to continue to submit all kind of required documentation all the time always assuming the worst case scenario. And I have noticed that those who don't rely on their attorneys are generally best at this. They are self assured, detail oriented, enjoy doing their own paperwork correctly, and they submit it on a timely basis (usually on the first day on which they are eligible). They also like to have full control of their own situation/destiny. Those who rely on lawyers for every small thing are generally not confident in their own abilities. I have noticed many people changed addresses in the past but didn't bother to submit AR-11 because their lawyer wasn't there to tell them this simple thing. As a result, their RFE's went to the wrong address causing all kinds of issues. Those who are self-reliant are always looking out for these kind of things and every minute detail that can derail the process. This is my personal observation.Quote:
Originally Posted by idliman
Hello idliman. I am fine from the perspective of filling the forms. They don't look super complex to me. But, I am wondering in terms of the supporting documentation related to I-944 that need not be submitted anymore as it has been discontinued.Quote:
Originally Posted by idliman
Hi Gurus:
If this question doesn't belong here then please let me know so that I can move it to appropriate thread.
Asking this for a friend:
Friend works for a local construction company as a direct hire since 2009 here in Michigan. GC filed in 11/2012, EB2. I140 approved in 2013.
Employer did not support him to downgrade to EB3 when the opportunity came along in Oct 2020.
Recently my friend was asked to sign a non-compete/NDA (which states that he cannot join a competitor or start his own business within 60 miles radius if he voluntarily leaves the company). Which my friend is reluctant to sign because he does have plan to start his own operations once he gets his GC.
He was told that if he doesn't sign then he will most likely lose his job.
Considering construction field is a tight market (also he already has bought a house locally), finding a new job with H1 sponsor in 60 days (before he has to leave the country) might be an uphill task. In which case he's willing to move back to India.
Questions:
1. If he decides to leave for India then what happens to his underlying GC application? Is it null and void or remains unaffected?
2. Assuming his current PD and I140 remains unaffected, if he leaves for India and few months down the line he finds a new employer here, instead of coming through H1, can this new employer directly start a GC process for him and use his current I140 to port the PD after the new PERM is approved (assuming by this time his 2012 date will be current) and once GC is approved (through CP?) he can enter the country using that?
Thanks in advance
It has been about 9 years since I did mine. There was a post earlier in this thread on the supporting documents for I-485 package. You may want to include G-1145; Then G-325A; along with I-485, I-765 and I-131. There is also a checklist in USCIS website. I don't have a sample for how downgrade applications are done.Quote:
Originally Posted by sling10
You may be better of asking someone who just filed I-485 recently. Guys/Girls, if you have any checklist for I-485, please help out sling10.
Isn't G-325A redundant now as all the details from that form are filled in the I-485 form ? Also, mine is not a downgrade. My PD is 11/04/2011 EB2 India which I hope should be current in the DOF chart in October 2021.Quote:
Originally Posted by idliman
Here is the thread I guessQuote:
Originally Posted by idliman
https://www.qesehmk.org/forums/showt...quired-for-485
Thanks srimurthi. The thread is helpful !Quote:
Originally Posted by srimurthy
Hello Friends,
My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.
Would appreciate suggestions from the gurus here.
Just an observation: 60 miles restriction feels like a very easy thing to get around...if he starts his business, he can easily choose to open an office >60 miles away. He should check with an attorney as well.Quote:
Originally Posted by montyp80
Waiting for FAD or FD to be current in EB2 may be the best bet for you. Best case scenario for your downgrade goes like this, you apply for i140, get the receipt number in hand and then upgrade the application to PP and hope that it will be accepted by USCIS for PP in the first go and then getting your i140 approved without any RFEs. If all of them go your way, you will have your approved i140 in 3 months. By that time your PD will most likely be current in EB2.Quote:
Originally Posted by iamdeb
This year (before Oct 2021 bulletin) the EB2I FA date will reach 15MAY11. It may even cross the date and your friends FA date might be current. But definitely (more than 90% probability), the FA date will be current in Oct 2021 visa bulletin. EB3I FA is at 01FEB11 and will likely cross June 2011 in next months VB (June 2021 VB). So it is a matter of 4 months in my opinion. I would go for a new I-140 in EB3 instead of amending the existing EB2 I-140. That way your EB2I route still exists. Hopefully they can do a premium I-140 upgrade after getting the receipt notice. If the company is paying there is no harm in going for EB3, but still try to keep the EB2 I-140 intact. Make sure that he/she reads about the risks. No point in taking a downgrade risk when you know for sure that you will be current in 4 months or so.Quote:
Originally Posted by iamdeb
Good Luck.
Along with the good advice from others, I would add that it also depends on if your job is stable or not. If you think might need to change employers in the near future then it's better to file concurrent I-485 with downgrade either in June or July depending on when May 2011 becomes current under EB3. This way the 180 day AC21 protection clock will start immediately and you will get EAD sooner. If you don't think you need to switch jobs soon then you can wait till Oct and file without the hassle and delays associated with filing for new I-140.Quote:
Originally Posted by iamdeb
Thanks for the respone Idliman!Quote:
Originally Posted by idliman
What is the risk associated with the downgrade? Also, how much time is it taking to get the receipt notice. So what kind of timeline I am looking at for getting the receipt notice, upgrading to premium and getting the new I-140 approved?
The company has to show ability to pay from date of LC approval. Maybe an issue with small consultancy companies. Also it is difficult to do EB2 to EB3 to EB2 again. That's why you need to have two separate I-140s so that you can interfile a new I-140 with an existing I-485 application. Other risk is to show that the job PERM still qualifies for EB3 and meets EB3 criteria.Quote:
Originally Posted by iamdeb
December 1st 2010 :-) not 2020Quote:
Originally Posted by maverick2010
This is doubly funny because the Murthy article(not its title) says Mr. Oppenheim mentioned that the June 2021 Visa Bulletin is expected to show that EB2 India will move substantially to December 1, 2000,Quote:
Originally Posted by AceMan
So is it December 2000, 2010 or 2020 : )
At this point I think USCIS should focus on giving GCs rather than EAD/AP for 2011 PD and earlier filers, except for expedited requests. Maybe this is their strategy already, looks like most people who gave biometrics in March still haven't gotten their EAD/AP.
Interesting that he didn't say anything about EB3! I guess we will find out soon enough!
DUHH...Sorry about the typo....Quote:
Originally Posted by AceMan
Looks like like CO has said in AILA meeting today that EB2-India dates will move to Dec 1st 2010. Check the link below..
https://www.murthy.com/2021/05/12/eb...visa-bulletin/
I'm going to interpret that as downgrade numbers are still 'work in progress' and he has not made up his mind - June visa bulletin is a tricky one for CO :)Quote:
Originally Posted by abcx13
Unfortunately, he has already made up his mind to leave his current employer due to his personal fallout with him. 60 miles out shouldn't be a big deal otherwise.Quote:
Originally Posted by SG2020
Thanks @idliman. This is helpful.Quote:
Originally Posted by idliman
I will try my luck upgrading to premium without the original PERM. Less likely USCIS accepts it, but I guess no harm in trying.
Need some guidance on my issue here.
My spouse's passport is expiring on 01/23/2022. Her I-94 has expired on 10/12/2020 and we do not have the H4 approval with the new I-94 yet.
Should I wait to apply for her passport renewal till I get her new I94 with the new expiry date ? If I file now without the new I94, will she get a shorter duration validity passport ?
If I am unable to renew her passport in time and I plan to file I-485 in October 2021 with her passport expiry as 01/23/2022, is that a problem ? Does the passport need to have the expiry date more than 6 months away while filing the I-485 ?
As far as USCIS/CBP is concerned I believe passport expiry has no impact on I-485 or H1/H4 extension of status. I think it's only an issue at port of entry where the new I-94 will have shorter validity.
About the passport extension at Indian consulates, they ask for documents proving valid status in the US, so the receipt notice might be enough, check with consulate. Shouldn't impact passport extension expiry date.
https://www.cgisf.gov.in/page/FAQs/Quote:
Originally Posted by sling10
Its better to call the consulate and ask them for the actual COVID processing time. My spouse got her new passport in 2.5 weeks and this is few years back. So renewing the passport before you file I-1485 is better and you can get it done before October-1 for sure. The reason why its better to have a valid passport is when you are called for I-485 interview. After approving the passport, you usually get a seal on the passport which is equivalent to a GC. Folks who went through the interview process can confirm it.
https://citizenpath.com/faq/form-i-551-explained/
Otherwise, you've to wait until you get the GC physically in mail because your passport is invalid. So having a valid passport is mandated but not really required to file I-485. Nowadays we get the GC card soon and there is no big delay.
beagle : My confusion is I might get a short validity passport if i apply now since the new I-94 has not arrived yet. And then, will need to apply for the passport again post receiving the new I-94. So, if it is not mandatory to have a passport with a longer expiry date while filing 485, I don't want to unnecessarily start that paperwork now.Quote:
Originally Posted by beagle
For renewing Indian passport; the validity of I-94 should have no bearing on expiration of the new passport provided.
One of the documents they ask for validating status in USA: Recently expired Visa or I-797A Approval notice together with I-797C Receipt Notice for filing of a request for extension before the expiry of Visa or I-797A. Notarized copy of proof of extension, If your B1/B2 is expired and have a receipt for extension of stay or an approval for extension of stay
I do not have any facts to back me up other than a logical argument here. Why do you think they will issue your passport for a shorter validity period? All they need to know from you is that you are here in legal status in order to renew your passport here in US. You are an Indian national requesting an Indian passport. Why should they care about your I-94 details or any nuances related to US visa laws?Quote:
Originally Posted by sling10
Assuming we are discussing about renewing Indian passport, I recently renewed mine form Chicago consulate through mail . It was 17 day process. validity of I94 does not matter.Quote:
Originally Posted by vsivarama
This is what I see on the FAQ document on the Chicago Consulate General of India website:Quote:
Originally Posted by vsivarama
Q: I am an Indian Citizen, at present living in Chicago, USA, last week my visa status has been expired, what should I do to re-issue of my expired Indian Passport ?
A: To re-issue your Indian Passport we need your valid visa status, if you do not have valid visa status you can visit our website (https://www.cgi.chicago.gov.in ) and apply for Emergency Certificate (EC) to travel back to India. If you already started the process of legalizing your stay in USA with USCIS then please submit your application along with notice of action issued by USCIS (i.e. I-797C etc.) based on this we will issue a Short Validity Passport (SVP), once you get your valid visa status you can apply for Full Validity of Passport (FVP).
When you applied, was your I94 already expired ?Quote:
Originally Posted by Mgajsk
Then, I guess you can apply for i485 and then renew the passport.Quote:
Originally Posted by sling10
Visit the below link and refer page 9 for the required documents for i485. The point 2. reads the following: -
https://www.uscis.gov/sites/default/...i-485instr.pdf
Government-Issued Identity Document with Photograph
All Form I-485 applicants should submit a photocopy of a government-issued identity document that has their
photograph. Typically, this will be your passport or similar document, even if the passport is now expired. It can also
be any other government-issued identity document such as a driver’s license or military identification document.
Passport renewal has nothing to do with how long your I-94 is valid. If you are here on a legal status you can renew and you will get 10 yr valid passport. It doesn't depend on your validity of I-94.Quote:
Originally Posted by sling10
For 485 filing, what you need is a valid passport on the date your application is received by USCIS. Lets says your passport is expiring on 6/3/2021 and your 485 reached on 6/2/2021. That's fine for your 485.
Not sure what the confusion is.
Hi, New here. My PD is 12 Nov 2012 EB2I. I downgraded it to EB3 in October with a receipt date of Oct 16th, 2020. However, USCIS rejected my Premium Processing application multiple times, citing that it does not have the original PERM ETA 9089 form. Considering the rapid movements of dates, is my Final action dates are currently in the next 2-3 months and is my I-140 is still pending? What are my options?
H1 or H4 extension pending status is a valid visa status for 240 days after the extension is filed. Just send the receipt notice for the I-539 or whatever as proof.Quote:
Originally Posted by sling10
After using EB-2 EAD and or AP, why would interfile EB-2 to EB-3 be an issue if, all we are doing is asking USCIS to change the underlying I-140. Its not that we are Applying I-485, EAD & AP altogether again with new EB-3 I-140. Gurus please opine.Quote:
Originally Posted by beagle
Quote:
Originally Posted by vsivarama
I guess the above instruction from US nails it. If they are accepting an expired passport, they will also accept a passport which is about to expire in 3-4 months from the I-485 filing. I think I will renew the passport only after filing 485 and after receiving the new I-94 with a longer expiry date. Thanks vsivarama !
Thanks Transformer ! Yes, the USCIS instruction related to the passport pretty much explains it. I had not read it. They accept an expired passport as well, so should not be a problem with a passport that has an expiry date not more than 3-4 months later than the I-485 filing.Quote:
Originally Posted by Transformer