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08-11 01:23 PM

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desi3933

06-27 11:47 AM

I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.

EAD is not required for invoking AC-21. If your lawyer says so, then go for second opinion.

Not a legal advice.
----------------------------------
Green Card holder since May 2002

desi3933 at gmail.com

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angelic

February 26th, 2004, 11:06 PM

You might try applying a mild black vignetting to direct the eyes to the flower

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maccaid

06-22 02:17 PM

Hi,
I just got married not long ago.

I'm planning to apply I-485 this july.
My question:
Should she change her name prior to applying I-485 or she can do it after we applying I-485.
How easy it�ll be to change last name while I-140 and I-485 pending?

Anyone in the same boat?

Thanks in advance.
maccaid

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godbless

11-02 01:55 PM

Yes, he will get his EAD. His 485 will not be adjudicated until his PD is current. 140 Preimum doesnt do any help for your brother. He should get his EAD in approx 90 days from the date of receipt.

Can you request your brother to sign up on IV after his work at his facility? Every member counts!

Thanks a lot for your reply. Yes, sure I am going to ask him to sign up on IV.

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optimystic

04-24 02:45 AM

Hi god_bless_you,

Title should have been: "God blessed me !! Got GC." Fix the title, other wise it looks like "God blessed you !! I got into trouble", Unless you feel GC as some trouble imposed on you.

I am (and most of IV visitors) still without GC and years to go before getting GC.

Any way, whatever, congratulations.

--Dhundhun

OP said "God bless you !!!, I got GC". Not bless*ed*. Those extra two letters might convey the meaning that you suggest. (God blessed you!! , and I got nothing! :) )

But as is (without the 'ed' after bless), the title does indeed convey appropriate meaning ! Its like saying, "May god bless you (too..) , I have been blessed !" .

But anyway, we are splitting hairs here :D . Congratulations to the original poster

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jthomas

04-04 09:49 PM

I need expert advice -

My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer

1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.

2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.

3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.

4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?

Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.

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GMKrishna

05-04 09:12 PM

I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

Synopsis

After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.

Prologue

During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

Life after denials

I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

IV�s Advocacy Days in D.C.

I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

Final Request to Readers:

As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.

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unbreakable

03-17 09:45 AM

All,
I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

I will let you guys know what was requested in the RFE as soon as I get it.

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vin13

03-16 01:00 PM

I think NSC does process cases even though they are not within the priority date. This way they can pre-adjudicate cases. By doing this they can quickly issue GC when the date moves ahead.

During processing if they have any questions, they could issue a RFE.

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waitingnwaiting

09-30 11:08 AM

Are EB2 Indians Losers and EB3 Indians locusts?

I found this in Chinese group.
http://www.mitbbs.com/article_t/EB23/31240163.html

Copy this URL in any web translation service and you will see.

Title: initiate talk about 7% - 10%, and recapture of EB2 / 3 CI of letters points: BBS Unnamed Space Station (Sat Sep 25

7%- 10% 和recapture对EB2/3 CI Gods now put forward two options, initiate talk about 7% - 10%, and recapture of EB2 / 3 CI effect.

1 7%- 10% 17% - 10%
This program is not the pie bigger, just change the way the bread. Winner：EB3C; Loser: EB2I Winner: EB3C; Loser: EB2I
对EB3C明显利好，估计通过的话，2 ，3年EB3C 可能赶上EB2C!!! Significantly positive for EB3C estimated through, 2, 3 EB3C could catch EB2C!!!
对蝗虫一样的EB3I基本意义，多1200基本名额杯水车薪。 EB3I on the same basic meaningless locusts, drop in the bucket more than 1200 basic quota.
对EB2C短期难以预料，长期略有好处。 Difficult to predict on the EB2C short and long-term slight advantage. 这个方案本质上是把全世界剩余名额给中印墨菲三类多给1200个。 The program is essentially the world's remaining three places to give Murphy and India 1200. 因为以前全世界剩余名额全给了中印二类，现在中印二类少了约5000个！ The remaining places in the whole world because in the past to the second category in India, China and India are now two categories for about 5000 less! ！ ! ！ ! ！ ! 。 . 虽然中国二类多了1200基本名额，但由于中印捆绑，EB2C从剩余名额分的更少了！ Although China's 1200 basic quota of more than two categories, but because India bundled, EB2C points from the remaining places for even less! ！ ! 长期来讲，经济恢复后，剩余名额会减少很多，EB2C多的1200也许能够补偿从剩余名额少分的数额。 Long term, economic recovery, the remaining places will reduce a lot, EB2C 1,200 more places may be able to compensate for a smaller share from the remaining amount.
EB2I， BIG LOSER！ EB2I, BIG LOSER! ！ ! ，其他国家多的，是EB2I少的！ , Many other countries, is EB2I less! ！ ! ！ ! ！ !

2 Recapture 2 Recapture
把饼做大了，对所有的人都有好处。 The pie bigger for all the people are good. 如果把自2000年浪费的名额拿回来，全世界二类、三类都没有排期！ If the waste places since 2000 to get back to the world II, III are not waiting! ！ ! ！ ! 这个方案对EB3I影响最大，因为EB2C/I 还有盼头，EB3I已经在深渊里呆着了！ The greatest impact on the EB3I this program, because EB2C / I also rewarding, EB3I has been left alone in the abyss!

大家可以理解谁在大力鼓动两方案了吧，没有缘故的爱，也没有缘故的恨啊。 We can understand the two programs who strongly encouraged it, no love for no reason, no reason to hate missed ah.

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dixie

08-02 09:05 PM

Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

This is just a part of the job description:

- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.

Thanks.

As far as I know, EB2 is advanced degree OR 5+ yrs experience. I have less than 1 yr experience, but my firm is plans on filing my application in EB-2.

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go_guy123

06-18 10:52 PM

I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.

By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.

Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.

1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.

1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay

In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.

Plus major difference between 1996 and 1986

In 86 tough rules was a price extracted for amnesty for illegals.

In 1996 not even one clause was pro immigrants.

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ash0210

11-09 12:36 PM

In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

"Premium GC processing" will work as follows:

Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years

3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

6. FP:
Finger Printing at least once (NOT over by 15 months etc..)

7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)

Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?

I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!

Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!

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hdos

06-11 09:31 PM

Hi,
I found from lawyer that there is no such thing called 10 days grace period after your last date of your H1. That is a big misconception. You can stay only in this country if you travel outside US and stayed more than 60 days. and that is also that rule applys to for first 6 years only.

for example, if somebody travels to outside country for 3 months within the first 6 years of their h1. and if his/her h1 is completing today than thay can use their 3 monthns period after 3 months form today. and they can only this at end of their first 6 years expiration of their h1. thay cannot use this period if they are on 7th or more years on extension.

after end of your h1 (does not matter after 6 years or 10 years), if you stay in US for 179 days than, your overstay is considered as illigal stay but there do not consider as violation and that does not count if you try to come back in US again. if your overstay is more than equals to 180 but less than a year than you are baan form entering US for 3 years. and if overstay is more thatn 1 year than you are baan from enterting US for 10 years.

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shx

04-27 12:48 PM

GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.

It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).

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a_paradkar

08-08 07:45 AM

Pamposh:

I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?

What is your back up plan

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gsc999

07-15 04:42 PM

We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion

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jonty_11

07-24 01:47 PM

"filing 2 AOS is not possible"..it is not written is law....so dont advise that it is illegal.

However, as a part of this community, we encourage people to file one AOS per individual...it not only reduces the long lines at USCIS...but also will avoid u unecessary delays as teh general notion is taht USCIS will send RFE or a letter stating u have 2 AOS's fo r same individual which one u wanna keep....so lets all just file one per application...
Already there are close to half a million applications looming at USCIS's doorstep...

ItIsNotFunny

09-22 04:31 PM

Some loser gave me red with the following message.
Don't keep posting same message.

Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.

Ignore them. Someone gave me red with following comment:
"not funny but silly "

These people don't do anything and they even can't see someone doing something. Keep Calling again and again and again and again.

snathan

08-05 11:37 AM

My attorney mentioned that "Automatic Revalidation" does not apply when you travel to canada for visa renewal stamping given that the original visa has expired.

Nonimmigrants who are eligible to re-enter the U.S. pursuant to the authority of automatic revalidation are not able to benefit from the automatic revalidation process if the nonimmigrant's passport reflects evidence that while in contiguous territory or on an adjacent island the nonimmigrant applied for a new visa and is pending a decision or has been denied a new visa application.

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