dkupadhyay
02-03 10:55 AM
My I-485 application finally got denied on 02/02/10. I just got e-mail update. Don't have any details as of now.
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sammyb
10-05 04:28 PM
Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.
I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-
Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?
Thanks
I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...
this is just my thoughts .. better you get it verified by your lawer ...
I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-
Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?
Thanks
I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...
this is just my thoughts .. better you get it verified by your lawer ...
sweet_jungle
11-17 12:26 AM
it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
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pan123
10-25 02:39 PM
Guys,
I need urgent answer on this question. Does anybody know how long it's taking for I-140 premium processing? I believe my I-140 will be processed from Nebraska service center.
Thanks,
I need urgent answer on this question. Does anybody know how long it's taking for I-140 premium processing? I believe my I-140 will be processed from Nebraska service center.
Thanks,
more...
willigetagc
08-18 11:22 PM
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.
Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.
Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.
natrajs
09-01 06:10 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
To my understainding if your dad applied your AOS application before you turned to 21 then you are ok.
Consult another attorney
more...
jliechty
May 25th, 2005, 06:32 AM
I don't know, but I kind of like this one:
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My only suggestion would be to try it without any foreground details (in other words, as a silhouette). :)
http://www.dphoto.us/forum/attachment.php?attachmentid=1163
My only suggestion would be to try it without any foreground details (in other words, as a silhouette). :)
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EndlessWait
12-06 07:35 AM
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
more...
BECsufferer
08-25 11:17 PM
I have been there a couple of times - once to the old office and more recently to the new office. Just make sure you pack a lot of patience because they made me wait for about 3 hours for my number to be called. When enquiring about name checks, they werent helpful. They quoted policy of not sharing info about cases pending in security checks. Congressional liaisons are generally more helpful. I hope my experience was timely enough to be helpful. Good luck!
Thanks for keeping me on ground ... only time I had been their was for fingerprinting 2 yrs ago. So not expecting much ... but got to line out questioners:
1. Whatz up lazy dude? ... this will put him/ her at ease, next
2. Check upon case status for my I485? ... this will make him bang the keys. REsult nothing.
3. Alright, is the namecheck done? ... He will shrug shoulders
4. Were the fingerprints alright? ... replies uh. I reply, than why the $u@^ did u let them expire
5. Has my application pre-adjudicated? ... nope.
Bingo ... worth my trip. And I leave.
You guys think I missed something?
Thanks for keeping me on ground ... only time I had been their was for fingerprinting 2 yrs ago. So not expecting much ... but got to line out questioners:
1. Whatz up lazy dude? ... this will put him/ her at ease, next
2. Check upon case status for my I485? ... this will make him bang the keys. REsult nothing.
3. Alright, is the namecheck done? ... He will shrug shoulders
4. Were the fingerprints alright? ... replies uh. I reply, than why the $u@^ did u let them expire
5. Has my application pre-adjudicated? ... nope.
Bingo ... worth my trip. And I leave.
You guys think I missed something?
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BharatPremi
03-12 04:00 PM
I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
Mark,
Being ROW, I do not think your case might have been stuck in Name Check. But it could be the possibility. I would take one more infopas and ask IO regarding name check status. If case is still rotting in name check then fighting strategy would be different, I guess. As far as WOm is concerned, all stories what I have gone through on different immigration boards, most advise to wait for 2 years before thinking about WOM route.. I do not know how far that argument is valid..
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
Mark,
Being ROW, I do not think your case might have been stuck in Name Check. But it could be the possibility. I would take one more infopas and ask IO regarding name check status. If case is still rotting in name check then fighting strategy would be different, I guess. As far as WOm is concerned, all stories what I have gone through on different immigration boards, most advise to wait for 2 years before thinking about WOM route.. I do not know how far that argument is valid..
more...
GCSeeker123
03-24 12:07 PM
Yes you can Port your PD if your EB3 I-140 is Approved.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
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kirupa
10-06 05:33 PM
No no no - please don't vote for yourself :) That's considered in bad-taste and your entry could get disqualified.
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sanjay
08-30 12:01 PM
Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green
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because some people might rated you -ve for this post, which serves no purpose, when we have more than enough polls around. Try to refrain from postings if you don't have any constructive info. Its better to refresh page and keep reading others posts.
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man-woman-and-gc
01-18 01:15 PM
The USCIS procedures do not follow any logic....all of you need to join the Letter Campaign started by IV if you have not already.
That is the only ray of hope that I can see for now.
That is the only ray of hope that I can see for now.
more...
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sk.aggarwal
04-05 04:05 PM
Thanks, just got a call from HR. They have got PWD for me.
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joydiptac
04-14 02:58 PM
Hi All,
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
more...
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srkamath
08-06 04:52 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
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March 5th, 2007, 09:54 AM
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