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vikram2101
08-08 05:34 PM
That's funny someone told you that ..
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
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sss9i
08-09 11:35 AM
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
eb3retro
08-21 05:46 PM
This is great - thank you!
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
all the best jazz..
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
all the best jazz..
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rockstart
06-03 03:28 PM
I changed address twice since filing my I 485. Both times I e-filed the AR 11 form for myself and my spouse. Also added the I 485 case numbers to it. Both times I received a receipt from USCIS. Also I saw a soft LUD on my application. I did not call any one in USCIS to verify but I have sent copies of the receipt to my lawyer for his records.
more...
anai
09-17 11:03 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
texcan
10-19 01:48 AM
Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?
Thanks.
GG_007
i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...
I beleive it should be ok, as long as POE immigration does not ask for pay stubs.
gurus, any input please.
Thanks.
GG_007
i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...
I beleive it should be ok, as long as POE immigration does not ask for pay stubs.
gurus, any input please.
more...
mach1343
06-01 09:20 AM
Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.
Exactly, Big companies Be careful. You have a lot of things to consider before even applying. So think about it....
Exactly, Big companies Be careful. You have a lot of things to consider before even applying. So think about it....
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Devils_Advocate
03-22 02:40 AM
Rest in Peace
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greyhair
06-21 10:07 AM
Incase anyone in interested, here is the Video of Senator Kyl -
YouTube - Kyl says Obama said no border security for political reasons (http://www.youtube.com/watch?v=IpyrlX52TwA)
YouTube - Kyl says Obama said no border security for political reasons (http://www.youtube.com/watch?v=IpyrlX52TwA)
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Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
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.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
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.
more...
chi_shark
06-24 04:28 PM
i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
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blondhenge
08-31 09:15 AM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.
However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.
That is why you need a new employment letter from your US employer to bring to the consular interview. The letter is the proof that the job exists for when you arrive in the US.
However, if the individual has no intention of working at the US company upon arrivial, or if they do not want to hire him back (and thus not give him the letter), he will not be approved at the consulate.
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n_2006
06-20 02:30 PM
As you are joining employer to file 485 negotiate so that you can file on your own. Get all the documents you needed and then join that company. Coz he can make good money over these 6 months there is no reason for him to refuse.
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
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rockstart
09-18 08:41 AM
I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.
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nc14
07-13 07:46 AM
I did it some time back. It was linked on murthy.com. So, I think it is legit and anything for Congresswoman Lofgren (Champion of our cause).
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Sachin_Stock
02-02 10:00 PM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
I would appreciate it if you can answer to my specific question. :)
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01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhhOCorBuurfvS0t4z0z3xh6xVwY6dezAeG5zNO2TEIRLlloWY-tkG0btCfHlMMTQZ1u1Ch5xG4wCoE6UfQLsAcWKiwAPDcSxBWKO_GouhsU6y7MS4qxSM4HHmFcd75KofaE-0SOxqluO0/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhhOCorBuurfvS0t4z0z3xh6xVwY6dezAeG5zNO2TEIRLlloWY-tkG0btCfHlMMTQZ1u1Ch5xG4wCoE6UfQLsAcWKiwAPDcSxBWKO_GouhsU6y7MS4qxSM4HHmFcd75KofaE-0SOxqluO0/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhhOCorBuurfvS0t4z0z3xh6xVwY6dezAeG5zNO2TEIRLlloWY-tkG0btCfHlMMTQZ1u1Ch5xG4wCoE6UfQLsAcWKiwAPDcSxBWKO_GouhsU6y7MS4qxSM4HHmFcd75KofaE-0SOxqluO0/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhhOCorBuurfvS0t4z0z3xh6xVwY6dezAeG5zNO2TEIRLlloWY-tkG0btCfHlMMTQZ1u1Ch5xG4wCoE6UfQLsAcWKiwAPDcSxBWKO_GouhsU6y7MS4qxSM4HHmFcd75KofaE-0SOxqluO0/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
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GCUser1
09-12 07:30 AM
Fill this form http://www.dol.gov/esa/forms/whd/WH-4.pdf and submit the form at local office ( http://www.dol.gov/esa/contacts/whd/america2.htm)
Good Luck !!!
Good Luck !!!
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ns007
03-26 02:37 PM
Agreed.
Unfotunately, there is no way to poll more than one option.
More than Salary its location which matters.
50K in MS = 60K in TX = 80 K in CA = 90K NYC
Unfotunately, there is no way to poll more than one option.
More than Salary its location which matters.
50K in MS = 60K in TX = 80 K in CA = 90K NYC
lazycis
09-25 03:07 PM
Find another lawyer if you want to (or at this stage you can represent yourself easily) and file G-28 form. New G-28 will replace the old one and the info on file will be updated.
amsgc
04-05 04:07 PM
Sunil,
I suggest you use the most recent A# on your I-485, and relax.
The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.
Good luck!
I suggest you use the most recent A# on your I-485, and relax.
The USCIS adjudicator has access to all the information s/he needs. They can use your Name/DOB/Citizenship etc. to find out all the A#s that have ever been assigned to you. In case there is a need to change or assign a new A#, they will figure it out.
Good luck!
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