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knowDOL

06-05 09:27 AM

oh! what a luck. I have not come across anyone who has this situation. My guess is that you should have no problem for 1 year extensions but you cannot get 3 year extensions because 3 year extensions are only for people who cannot file for i485 because of retrogression and you do not meet that criteria and According to Yates memo you are eligible for 1 year extension.

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god_bless_you

03-17 09:23 AM

GREAT !!
Kudos!!

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sdfdf6534

03-24 08:27 PM

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caforum2

06-19 07:32 AM

EAD has nothing to do with status. He is in legal status as long as his I-485 is filed and waiting to be decided by USCIS, even if his non immigrant visa expired. EAD is work permit and he can't work based on EAD filing but only on approved ead.

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needhelp!

10-19 01:35 PM

Hi all

We want to make IV famous at this event and need sales personnel to talk to visitors.

Please sign up on this thread if you would like to volunteer for this task.

We need all the help we can get. 30,000 + attendees expected to attend the event.

This will be on Nov 10 th 2007 from 3pm - 11pm. Please vote and let me know if you can be there for the entire duration or choose a time slot.

Thanks!

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senk1s

09-30 12:23 PM

I'll try and answer your questions

1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21

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nkavjs

11-09 09:15 PM

[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.

Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.

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yabadaba

07-17 07:06 PM

http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute

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glus

07-17 04:46 PM

Guys,

August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.

D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw


http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D

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senram

01-04 12:22 AM

It is possible that India might take this to WTO. But that is a long shot and by the time result comes it will be 2 years or more and law itself is irrelevant.

It's all gas gas gas... Manmohan Singh is heading one of the most corrupt & messy govt. in the history of India. All the ministers are busy looting the country and would like to make most in the remaining 3 years of their terms. Forget they will do anything that would benefit anybody else but themselves..it's only that overexcited journos ask the ministers what they will do and without even thinking they vomit nonsenses. Think logically how this can be a WTO issue, it is completely in their jurisdiction whatever fees they may want to charge, take it or move on...nobody is forcing them to use the expensive Visas ?

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Radhika

07-01 08:22 PM

Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.

Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�

http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf

Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.

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humsuplou

03-09 12:54 PM

Yes, you can run a business on EAD.

You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.

Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!

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waitingGC

05-30 02:45 PM

They'll probably start with what Senate passes. and make some minor amendments.

If it passes the house, conference will be piece of cake.

Our best hope is:

1. When senators return to the constituencies for the memorial day recess, they receive a LOT of negative feedback about CIR and enough number of senators change their minds and vote in -ve and bill fails to make out of the Senate. Likelihood: 10-20%.

2. House of reps votes on this CIR and defeats it. Likelihood: 40-60%.

I hope one way or another, this piece of crap fails and I happily get my GC in another 5-10 years. If it passes, I'll have to pack my bags. Amen.

I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?

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Gravitation

06-15 12:05 PM

How 'bout: Not filing because LCA is rotting in the basement of a BEC?

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kosu

05-11 11:25 PM

At last, I received my approval on May 8th 2008. What a relief. I have learned a lot from this fourm. Thanks a lot guys.

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lazycis

01-10 08:26 AM

EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

The bad part of it in your case is that NC is still pending.

http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

http://en.wikibooks.org/wiki/FBI_name_check

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smartboy75

07-17 06:29 PM

Get back to work....next you would come up with the idea of personally visiting her....lets no get overboard....send in a thank you note..

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Legal_In_A_Limbo

04-28 10:07 AM

have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

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sb0k

11-08 07:46 AM

hi..u forgot to add this
http://www.kirupa.com/forum/showthread.php?t=338382 & http://www.kirupa.com/forum/showthread.php?t=338381

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dpp

09-18 08:41 PM

I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?

Even same for me. The receipt date on transfer notice is not the important, notice date on actual receipe notice is imp. Don't worry for each and every small thing. You application is received by USCIS and so don't think too much on this.

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dpp

10-18 02:20 PM

I said it may be and so it is better to check with attorney. There is nothing wrong in checking with attorney so that he can clarify the doubts.

That is so wrong, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign. Cant believe a Senior member can come up with such an explanation.
Leos link has the answer, the red Not match found error is simply an error between your finger prints taken together and then done individually.

The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.

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