hopefulgc
06-02 09:23 AM
Most status related issues are wiped off after a travel outside US.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
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conchshell
08-05 02:42 PM
On July 31st we got an email informaing us that my wife's EAD is approved and card production is ordered. Again on August 4th we got an email stating that the case is approved. Now we are surprized because if the case was actually approved on July 31st, she may get a two years EAD, but if it was approved on August 4th, she may get the EAD for one year only, as our PD is current.
BTW, My approval CRIS email came on July 28th, and I have got my EAD card for two years validity.
BTW, My approval CRIS email came on July 28th, and I have got my EAD card for two years validity.
inthehole
08-27 09:43 AM
SC: Nebraska
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
Renewal
RD: 06/16
FP: 07/11
RFE 07/30
RFE received 08/04
RFE response sent and received by uscis 08/07
Expedite request 08/15
Expedite request accepted 08/19
waiting...
.
.
.
.
Current EAD expires Sep 26
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GCneeded
07-13 02:30 PM
Congratulations and Thanks for the contribution.
more...
prioritydate
08-05 07:42 PM
I am trying to keep track of 2004 cases. I think USCIS is not doing fair justice by not giving preference to 2004 cases. Please post your priority date, I-140 approval dates(if approved), I-485 received dates, Name check cleared date(if cleared), finger print cleared date(if you gave finger prints and they got cleared)
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
My Details :
PD : 12/23/2004
I-140 Approval Date :05/03/2007
I-485 Received Date : 07/26/2007
Name Check Cleared.
Gave Finger Prints.
I think mine is straight forward case. :confused:
nitin_prabh
02-13 12:49 PM
I filed my 485 in June 2007 in Nebraska and yesterday my LUD changed but there was no message. This is the first change in my LUD since my finger printing in July 2007. I am EB3-I with PD of Dec 2002. Not sure what got updated. Any ideas???
more...
eb3retro
11-09 04:20 PM
guys, in my case the congressman intervention helped a lot. you can request them to get in touch with uscis even after 40 days of application (just like in my case) and once they did, i got approval email within 48 hours and AP copies in 4 days in the mail. Hope this helps.
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cagedcactus
04-16 03:17 PM
The experience would have to be before the labor filing, in order for it to count. I suggest that you should talk to 3-4 attorneys and get the best possible approach.
more...
pappu
12-24 09:56 PM
Let us see how many IV folks are in this boat. It is really unfortunate that you guys have had to wait. I think there are others who may have applied later in EB3 and due to different state labor, they got their GC in a couple of years. Now they maybe preparing for citizenship while you are still waiting for greencard. The labor backlogs have created this situation.
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Pineapple
05-10 09:26 PM
There is something seriously wrong here.....one gets red dots for even simply truthfully recording answers to some questions asked by administrator......or are the red dots simply to protest/ express displeasure with the fact that my GC process was not as difficult as some other people.......its like "misery likes company" - i am miserable bcos i dont have a GC and hence am pissed off at this guy who despite not being crazy about GC got his in 7 months.........so i will give him red dots..............
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
I gave you a green, if that helps.. perhaps someone did not notice the EB category in your signature. In any case, I agree it was unfair.
I hope you will stay engaged with the IV community, and help the rest of us in achieving our goals. We need everyone, not just those waiting for a GC, in this effort.
Guys - get over it.........look at the general tone of posts from all on this particular thread - GC did not make any "big" change to most folks.......
For the more rational beings - i genuinely hope that you get your gcs within reasonable wait times and the waiting time does not take away from the personal and professional successes you deserve!
I gave you a green, if that helps.. perhaps someone did not notice the EB category in your signature. In any case, I agree it was unfair.
I hope you will stay engaged with the IV community, and help the rest of us in achieving our goals. We need everyone, not just those waiting for a GC, in this effort.
more...
akbose
03-21 02:21 PM
I am from NYC too. Lets team up.
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rbms
04-01 11:03 PM
Sent both fax
Any update on no. of fax sent. - Just curious.
I think whey you try to send fax, it says how many faxes are sent so far. After that no info. If anybody is sending the fax, can you just update how many #10 and #11 were sent.
Any update on no. of fax sent. - Just curious.
I think whey you try to send fax, it says how many faxes are sent so far. After that no info. If anybody is sending the fax, can you just update how many #10 and #11 were sent.
more...
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shivapb80
06-05 11:25 AM
in fact i think this memo is very favourable.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
first of all it has some protections for h1b whistle-blowers.
second it formalizes the 27th, Dec, 2005 into the AFM which is much better.
this memo does not say that you cannot make an AC21 portability request based on a pending i-140/i-1485. all it says is that for the portability request to be valid the i-140 should be approved first. in fact it clearly alludes to the Yates memo and says that section 1 from that memo is valid and consistent with this interpretation. so, as far as my understanding goes you can still use AC21 even if your i-140 is pending.
the one thing though i am having a little difficulty understanding is that it says section 20.2(d) of the AFM will be updated with section (1) from the Yates memo. But the updates to the AFM to section 20.2(d) do not include section(1) from the Yates memo. may be i need to wait for the revised AFM to be published!
just my 2 cents...I am really hoping that some well known law firm will clarify this one way or the other.
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msekhargc
12-03 05:30 PM
Hi,
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
You need to submit a new education evaluation.
I had also received an RFE.
An acceptable evaluation must:
1) consider formal eduction only
2) state if collegiate eduction is post-secondary education (i.e did appicant complete the US equivalant high school before entering college)
3) provide detailed explanation of material provided
For EB2 degree.. even if your labor states only Masters degree is required you need to prove that minimum education required for master's degree is Bachelors degree and a minimum requirement for Bachelors degree is your 10 + 2 high school education. Please contact thedegreepeople.com (sheila), they helped me in getting my I-140 approved.
Thanks
more...
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kart2007
05-17 11:23 AM
I stay in an apartment OK. One day my neighbour (living downstairs) was crying with his wife and a small kid. You want to know the reason--NO PAY FOR 2 MONTHS!!!!. All his hard earned money was finished paying rent, OK and his kid was sick. No money, nobody to ask. His contractor said WAIT, WAIT and nothing else.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
In that case its better to go to India and lead a much better life than staying in this pathetic state here.
Obviously there's no meaning for an immigrant to stay here away from his home country to be trested almost like an uneducated person.
Living like this is not only bad for one's self respect but is also certainly illegal for the employer.
Its people like this guy why companies liek Infosys etc abuse the visa program and pay less to guys they bring from India to US.
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agpg
08-06 11:45 AM
Count me in. I am in the same boat
Here are my details:
EB2 - India
PD:May 18,, 2004
I140 Approval: Jan 25, 2007
RD:July. 02, 2007
ND: Aug 02, 2007
Service Center: NSC
Here are my details:
EB2 - India
PD:May 18,, 2004
I140 Approval: Jan 25, 2007
RD:July. 02, 2007
ND: Aug 02, 2007
Service Center: NSC
more...
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whitecollarslave
06-12 10:59 AM
Has this started yet? Where can I watch it?
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Soul
02-13 04:31 AM
Oh wow a tie, thats kinda cool :beam:
Congrats Eilsoe :bounce:
Well done everyone else too, I liked all the entries :)
This has got to be the biggest battle yet, most entries, most quality and most votes! :)
- Soul :goatee:
Congrats Eilsoe :bounce:
Well done everyone else too, I liked all the entries :)
This has got to be the biggest battle yet, most entries, most quality and most votes! :)
- Soul :goatee:
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lazycis
11-30 01:30 PM
Congress never thought that I-485 processing would take more than 1 year (I-485 pending for 180 days is called "long-delayed" in 8 USC 1154(j), see also 8 USC 1571). If the USCIS was able to process all I-485 in one year time frame, there would be no retrogression!
anilsal
10-12 12:56 AM
My labor was filed on July 2004 and I have not received an approval yet.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
Every step in the GC process is traumatic. One step gives less trauma than the other. But there is no way anyone has got a GC without agony (unless you had an easy way out).
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
Every step in the GC process is traumatic. One step gives less trauma than the other. But there is no way anyone has got a GC without agony (unless you had an easy way out).
manand24
08-10 10:57 AM
not in same boat as you and me buddy. They are in a boat ahead of you....
Good point.
Good point.
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