styrum
01-12 04:34 PM
http://en.wikipedia.org/wiki/Writ_of_Mandamus
lostinbeta
10-21 04:07 AM
I love jellybellys :) Just tryin to work it with your analogy.
Sucks about the giants :(
Sucks about the giants :(
l8A
10-05 10:09 AM
Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
GCNaseeb
10-30 06:04 PM
I may have to use it for work from January as I am invoking AC21. I am confused now whether to re-apply or just use it like as it is.
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
My attorney informed USCIS about the typo error when they received the AOS receipts , but it looks like EAD Card was ordered before USCIS was notified. My Advance Parole has also mis-spelled Lastname. I have USCIS letter confirming typo error attached to my case. Would this be a sufficient proof that my EAD has a different Lastname which is only a typo error?
Gurus please advise.
http://immigrationvoice.org/forum/showpost.php?p=190382&postcount=1
more...
gccovet
06-17 02:34 PM
Employer A:
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
-Currently on their H1 (6th year fag end) and with an ongoing 485 proces 180 days passed.
-Employer A is threatening to withdraw the I 140 if I move out from their company.
Employer B:
-Fortune Client where am currently working as a contractor
-B is filing my H1 and would be offering me to use H1 or AC 21 to port to their company.
I am transferring to company B upon H1 extension approval and then later use AC 21 when ever required.
However, before I use AC 21, if the I 140 is revoked, am I still eligible to use AC 21?
Does revoking I 140 by the employer after I 140 approval has any effect if I dont use AC 21 prior to revoking?
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
northstar1
07-26 12:30 PM
I don't think that's an option. The company has strict rules of using it's corporate attorney's through out the green card process. Hence the dilemna.
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thesparky007
04-25 09:40 PM
thanks kirupa
so you uploaded it?
so you uploaded it?
REQUIRE_GC
08-15 05:12 AM
My PD is Aug 2003. Filed in June 2007.:mad::mad:
Mine is March 2004 and Filed on July 23 2007:mad::mad:
Mine is March 2004 and Filed on July 23 2007:mad::mad:
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GreenCard4US
08-21 11:43 AM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
I came to US through Company A in June 2000 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until March of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want “a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary”
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
waiting_4_gc
07-18 06:48 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
Its going to be another lawsuit :confused:
Its going to be another lawsuit :confused:
more...
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.
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.
TheOmbudsman
09-01 11:42 PM
Yeahh.. Huuuuuraaay ! Have a good weekend all.
Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!
Kudos to the core team...and IV!!
-gc_mania_03
Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!
Kudos to the core team...and IV!!
-gc_mania_03
more...
Vel
01-21 08:33 AM
Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.
But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Looking forward to have your answer on this... thank you so much in advance...
Vel
But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Looking forward to have your answer on this... thank you so much in advance...
Vel
jumanji4u
02-16 09:37 AM
Well it's true and proved here, the ideal mind is an EVIL mind. When the country was split into two in 1947, we still don't have the peace, what do you expect with so many states spiting into countries. Today we see states spiting, just to gain power and make money for the corrupt politicians. For the selfish gains you want to country to split???? Be a Indian..and stop wasting your time.
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vactorboy29
02-19 06:01 PM
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
belmontboy
02-15 01:29 PM
If each state in India were a country
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
more...
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.
purgan
12-17 12:44 PM
For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
nish17
06-20 02:41 PM
Is copy of approved I140 required for filing ?
Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.
I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.
Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.
I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.
fide_champ
04-09 09:09 AM
Thanks Fide Champ.
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
If you have the receipt number for the I140, you can check the status. But your employer actually hold all the rights for I140 and they can chose to not provide any information to you about 140.
If you are willing to spend some money I would suggest Sheela murthy if your case is complicated.
meghanap2000
09-09 03:35 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.