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  • gc_chahiye
    12-17 03:22 AM
    Team,

    Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.

    But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).

    I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.

    My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.

    1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?


    if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.


    2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?


    you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...


    3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?


    wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.


    4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?


    you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.


    5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?


    they can withdraw your I-140. That DOES NOT impact your AOS in any way.
    Wait 180 days, and you are safe from B.


    6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?


    typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.


    Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.


    just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.

    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).





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  • JunRN
    12-21 11:19 AM
    Posted by 3 hours ago

    "Both kurup65 and rathna1 registered from the same IP address within 29 and both posted I-485 approvals with PD dates out of whack. Don't trust them. We'll delete these users in due time."

    http://www..com/discuss/485eb/78889113/

    They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).

    We are in democratic country. Why not ask them first? Give them due process.





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  • hariswaminathan
    10-26 12:38 PM
    My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.

    Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.

    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.





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  • learning01
    05-10 11:48 AM
    immi2006
    That's what we need to do in these forums.

    You see, I tried to follow the second link; it didn't work. I tried the first link. It took me to a web site that is totally disorganized and poorly built; I dont have time to navigate and see what you posted about.

    After this second corrected post, I follow the link. It is NOT about the CIR and the logjam; it is an attempt to arrive at an agreement to have a working methodology to verify and check illegal immigrants.

    Hence, my title: please read and post your opinion, instead of just posting thie links or the story.



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  • kaisersose
    07-11 06:16 PM
    I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,

    If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?

    Pls. help, your reply will be highly appreciable?

    The Yates memorandum is very clear on this. It is not necessary for CIS to issue an Ability to pay RFE for the new employer. However, if they suspect fraud or some other problem, then they can always investigate. Having only 32 employees is obviously not a reason to start an investigation.

    Short answer - No potential problems.





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  • smuggymba
    09-17 11:47 PM
    For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.

    thread starter is saying it will make dates current....how is this possible with the same amount of spillover?



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  • 123456mg
    07-20 02:38 AM
    Please do not listen to anyone telling you that you can not do such-and-such just because you have filed I-485 application. In general, most of the times it is company attorney filing your I-485 and just asking you to sign the document at the mark placed and some candidates do not even bother to take a copy of the forms that they will be signing. If you have already taken a copy of your I-765 (EAD) and I-131 (travel document/AP), please confirm the next. Most of the times, the attorney puts the business address of the law firm as the address where USCIS should mail-in the EAD card. For AP, you may find your address.

    Now coming back to original question, you will have to fill form AR-11 and send it to USCIS. I am not sure if you have to send more than one copies of that to USCIS (one for your H1B and one for your AOS when you get the receipt number) so it will be on file with USCIS. By law, it is a must that you provide your proper address change info to USCIS.





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  • razis123
    06-02 04:34 PM
    Hi,
    I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

    My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

    Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

    Thanks a lot.
    - nk

    I am in a similar situation.Somebody please give advice on this
    Thanks in advance



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  • gimme Green!!
    07-04 10:26 PM
    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.

    Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)

    Good luck!!





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  • njboy
    06-08 09:14 PM
    There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.



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  • Administrator2
    03-28 01:41 PM
    As needhelp! clarified, we will fix all these issues over the weekend. Kindly keep updating this thread with any tracker related issue you would like to report.

    Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.





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  • rb_248
    08-02 02:59 PM
    I use my pigeon for delivery. It reaches on time every time.



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  • trueguy
    08-04 06:12 PM
    Nopes. No refund.

    After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.





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  • nashim
    09-04 09:36 AM
    USCIS has all information but they might not have resource/time to collect information about old cases that�s why they might be seeking help from other body.



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  • Googler
    07-20 12:53 AM
    But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.


    Man, these forums are getting chaotic -- we need a reorganization so that duplicative threads are avoided. Namecheck probably needs its own subforum.

    I didn't want to re-post what I said in the name check sticky thread, so here is a link http://immigrationvoice.org/forum/showpost.php?p=126248&postcount=351.

    As for the argument that the name check process enhances national security that is not really true.

    (a) how is national security enhanced by having someone sit around renewing their EAD hanging out in the country year after year -- they should really be hurrying if they are so worried about the risk we pose.

    (b) there is considerable internal debate about the usefulness of the "reference file" part of the check; the part that causes these huge delays. Read the name check section of the Ombudsmans 2007 report.

    (c) if national security is being preserved by this process why isn't it fully funded through appropriations?? Surely catching a terrorist is worth more than the $2 per application that USCIS pays FBI.

    (d) if national security is being preserved by this process, then why is FBI complaining (see recent press reports) that only 30 analysts are available for this reference file part of the analysis?

    (e) Sec. Chertoff is always yammering on about "risk based" national security policy -- the FBI namecheck process is the opposite of risk based policy. See Ombudsman's 2007 report again.

    Also note that 8 USC 1571 (http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001571----000-.html) states very clearly that "It is the sense of Congress that the processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application". Congress did not intend that the process should stretch on for years upon years. 8 USC 1571 was not stricken after the new name check guidelines were put into place.

    These are all points that we have to hammer on -- to the press, to congress to absolutely everyone who says hi to us.

    This should be a campaign as large as the one for the visa bulletin fiasco because the effect of the FBI Name Check is as devastating if not more devastating than the visa bulletin fiasco.

    All these years we had no choice but to believe the BS that was trotted out by FBI (google Cannon, Garrity testimony) about how most records were done by the time you made your morning coffee, what are you thowing a tantrum about my lovely etc. I really sat up when I read the 2007 Ombudsmans report which finally provided data to support what so many people had been complaining about for years. Now no one can deny that the scale of the problem is unpardonably large.





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  • trueguy
    08-10 02:10 PM
    As I said earlier, i don't know how to add more options to this poll. If you know then tell me the options and I will add more options for EB3-I till date or may be for future dates if you like that.



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  • grimreaper
    03-29 05:58 PM
    I have filed PERM in Nov-2009 and am still waiting. I am a Physician and hope not to get audited. Let us see.





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  • smuggymba
    09-14 02:38 PM
    Is there a way to find all "active" members? If we're in the range 5000, then 10 per month for every user is good.

    I saw many ppl in August who came in and posted that they got GC, not sure how many of them used IV and donated.





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  • sixburgh
    06-28 03:44 PM
    I am one of the July 2007 485 filer.
    Me and wife have EAD's which we are using right now on I-9's to work.

    I have an expired H1 stamp on passport.
    Wife too has expired H4 stamp on passport.
    I have a valid h1b approval notice until 5/31/2013
    Wife too has a valid h4 approval notice until 5/31/2013

    I have an AP which is valid for 1 year from today.

    I want to visit India for a marriage.

    Questions I have:
    - While exiting USA, do they take my I-94 ?
    - While coming back, if I show my AP, does my H1 status cancels out?
    - Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
    - Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
    - Entering back on h1, will keep my wife's H4 valid too.

    So question is should I enter back on H1 or AP?





    amitarora74
    08-04 01:32 PM
    I had absolutely no trouble. I have travelled to India and also to Canada(by Road) and used my AP both times while my wife had GC and my kid her US passport(all different status:-)), we all went to same officer and he never asked anything on why i had different status etc





    Hassan11
    03-28 03:08 PM
    is there a way we can add filters so we can filter for only EB3 ROW or EB3 India for example. this will be very helpful to know the numbers of IV members under EB3 ROW for example. Thank you for all your efforts

    Great start

    This is a good move from IV.:D



    Well done! you have successfully gained access to Decrypted Link.
    Tomorrow's top smartphone? That'll probably be a 5G phone, like the Galaxy S10 5G, and then, eventually, a foldable phone with 5G, starting with the Huawei Mate X and Samsung Galaxy Fold. But foldable phones are unproven and 5G in the US isn't in enough cities around the country to recommend. Our list will remain practical.

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