Wednesday, June 15, 2011

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  • greenguru
    01-31 12:56 PM
    Hi ,
    Yes, it is possible.

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  • gauravsh
    05-04 06:27 PM
    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.

    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.

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  • amitkhare77
    02-02 05:31 PM
    My I-140 and I-458 have different A#. I always put both the number on the EAD/AP application i.e. A#123456/A# 7890123. no problem so far

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  • cybergold
    04-28 03:26 PM

    There is my Robot, can you change the link Pom?


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  • diptam
    04-11 11:16 PM
    I've a terrible situation now:

    My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.

    However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.

    What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.

    Thanks much!

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  • dilbert_cal
    04-26 12:21 AM

    Alright my last understanding was wrong.

    So to recap what I understand :-

    You have a PD of 2002 in EB3. Have approved I-140 and pending 485.

    What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.

    Since you have a 485 filed, why would you want another 485 ?
    Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
    If you convert your case to EB2 which is current, you may have your actual GC much sooner.

    Now to your question - what happens if the old employer revokes I-140.

    I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.

    If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)

    Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )


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  • sunimmi
    06-11 02:29 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.

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  • upuaut
    09-10 04:18 AM
    you know.. I meant to do this a while ago, but lost track of the thought. I have a write up in one of my books, done by Colin Moock, in which he takes his frame rate tester and tests a variety of things to see which effect frame rate and to what degree. I really do think it's worth posting. I'll try to do a small write up on the subject soon.


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  • cooldude
    07-19 12:22 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help

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  • sdudeja
    01-30 06:00 PM
    I am not sure. But the FP notice was mailed on 23 dec and the other document on Jan 12.


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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.

    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.

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  • garamchai2go
    06-26 02:12 PM
    I recently applied for EAD renewal and after three weeks of that I saw LUD changed on my 485 apllication for consequetive two days. Any Idea why ?

    By the way my case is ACT 21 ( 485 filed on 2007 july) and my priority day is not even close to be current.

    Any suggestions will be appreciated ?


    Did you happen to do address change(AR-11)??


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  • gcnirvana
    07-11 02:05 PM
    Not playing a spoil sport, but if you look at the tracking details, it says:

    Looks like Gonzalez packed his bags and moved to his home country :D :D

    Funny? See below:

    The message was IV template...


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  • jayZinDC
    05-30 02:38 PM
    it happened to me, I just checked online with rx # to see if everything was ok and it did in 24 hrs.


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  • DareYouFireMe
    02-11 08:12 PM
    I think you should reach out to the new employer, involve his legal team. EMPLOYER DO NOT LET EMPLOYEES OUT OF STATUS. Not good for them either. you still have time. Also, obtain I-140 /LC docs from past employer. if he is not willing to share then reach out to the freedom of information website. Even though your employer has withdrawn application, as per my lawyer you can use your PD.

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  • paskal
    06-24 10:00 PM
    i think you mean I-864
    correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:

    I-485 instructions are very clear on who needs the I-865 form.
    the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
    NO tax forms are needed per my reading, check for yourself.


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  • pthoko
    06-19 12:43 PM
    Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.


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  • jasmin45
    08-18 12:14 PM
    EAD is not a valid status..just a document which provides you authorization to work in united states.
    There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.

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  • Becks
    01-08 06:30 PM
    i havent change my wife's last name and i dont see any advantage.

    trivia: we had two colleagues(wife and husband) working in our team. we never knew that they were wife & husband since their last names were different.

    so there may be advantage to refer wife for jobs in your team if you have different last name!!!

    12-16 04:29 PM
    Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08

    I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska

    12-19 10:31 AM
    Are we going to continue calling Sen.Cornyn's office such that he will be motivated to get SKIL bill cleared at the beginning of next year?

    If we are persistent, maybe he will want to get the bill cleared successfully.
    Good idea. Should we orchestrate our calls so that there is no more and no less than 5 calls every day? I agree we have to persistent on this because he is our only hope.

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