ss2005
08-05 09:00 AM
In the October 24, 2007 USCIS HQ Stakeholders Meeting, the USCIS gives the following answer:
Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.
Question: Should I be worried if I receive a different A-number after filing an application for adjustment of status on Form I-485?
Response: No, a temporary receipt process was implemented for Employment Based I-485 applications filed between July 2, 2007, and August 17, 2007. The temporary receipt process allowed USCIS to receipt the high volume of I-485 applications filed during the summer in a faster and more efficient manner. New A numbers were assigned during the receipt process. At a future date the newly assigned A numbers will be reconciled with previous A-numbers that may exist for each applicant and the newly assigned A-number will be deleted. The temporary A number will also appear on the EAD card. This temporary receipt process also facilitated the receipting of I-765 applications for employment authorization and I-131 applications for advance parole.
texcan
08-01 05:54 PM
Count me in guys.
roseball
11-09 09:57 PM
Hello gurus,
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.
I have one doubt abt requirements to port EB2.
my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?
thanks a lot for your help
Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.
LONGGCQUE
11-06 05:01 PM
Thanks for sharing. This appears to be a good measure for us, if it happens.
more...
PHANI_TAVVALA
12-02 02:26 PM
FinalGC, Thanks for your reply. I am partially paying for this process. I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change. Is that true? If so, will I be able apply concurrent I-140 and h1B extension?
rmutyala
07-14 07:39 PM
Houston
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TexDBoy
06-10 02:51 AM
Are those requested documents not part of standard documentation when we submit our 485 application.
My lawyer asked me to submit all the I-20s and H1B copies when we applied for 485 ....
Again, its interesting that they are looking for status as back as 1998 and not from the last entry ...
My lawyer asked me to submit all the I-20s and H1B copies when we applied for 485 ....
Again, its interesting that they are looking for status as back as 1998 and not from the last entry ...
SAP
04-07 03:36 PM
Folks,
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?
Future GC labor PD : Dec 2002
Category: EB3.
I140 : approved 2004
I485: RFE on expired medicals; new medicals submitted.
EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)
Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
your postive comments and if you have been in this situation pls tell me how you managed.
Thanks
SAP
more...
slc_ut
05-29 04:27 PM
OK Prashant, got it. Thanks.
Hi,
You can fill up these forms save and exit without picking a date ..
after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..
Hi,
You can fill up these forms save and exit without picking a date ..
after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..
gc_chahiye
07-20 03:54 PM
If I have applied for 485 can I still do that ?
I think you are only supposed to get 1 year extensions if your LC/I-140 was filed atleast 365 days ago, but I have seen atleast two people get 3 year extensions even though they had filed I-485, just because their PD was not current.
Its USCIS discretion or interpretation of their rules. Ask your attorneys to request 3 years when they file.
I am going the other way (just got a 3 year extension approved 2 days before that announcement that dates are current again) and will be filing 485 now.
I think you are only supposed to get 1 year extensions if your LC/I-140 was filed atleast 365 days ago, but I have seen atleast two people get 3 year extensions even though they had filed I-485, just because their PD was not current.
Its USCIS discretion or interpretation of their rules. Ask your attorneys to request 3 years when they file.
I am going the other way (just got a 3 year extension approved 2 days before that announcement that dates are current again) and will be filing 485 now.
more...
senthil1
06-11 10:47 PM
1. Legally speaking he has to leave immeditely. But INS is not inhuman in those cases. If he finds a job within a few weeks he should be ok unless his previous company cancels H1b.
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
2. At least he has to get some H1B before his previous company cancels H1b. for transfering H1b.
3. If his previous company does not cancel H1b he can stay some time may be 1 or 2 months(But he will be out of status not overstay). If his company cancels H1b then that will be overstay then he has to leave the country. Best thing is find a consulting company and file H1b transfer before previous company cancels H1b. If that is not possible he can switch to F1 if he gets admission in University.
4. Recent paystub is needed to transfer H1b. If recent paystub is not there then it is INS dicretion to give H1b transfer
Those answers may not be accurate but may give some idea
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
seahawks
06-27 01:18 AM
yes was filed by lawyer, but in his defense, I had to review all the paper work, I did not do a good job either.
more...
permfiling
02-09 09:13 AM
I don't think saying "moving back to india" is a good option especially in a small world
kpsm88
11-15 04:46 PM
ksahmed,
Can you tell me if the AP was received by your attorney today or by you directly..
Can you tell me if the AP was received by your attorney today or by you directly..
more...
gc_on_demand
02-11 11:38 AM
Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
2008 was election year and we didnot have advocacy day month after bill was introduce. We were just month away from presidencial election. CIR was keeping hostage. Since Obama has talked about Legal High skilled immigrants in SOU , we got support from President and as usual many republicans support high skilled bills. Also some moderate dems support it.. so chances are better if we can push it for by summer.
as we have see as fall approach things are getting tough to pass through.we should make it for advocacy day and meet with our lawmakers with just single agenda. STEM bill.
Most of Eb2 ( Not all ) are qualified for STEM and may release up to 30k visas each year to EB3. that will clear Eb3 backlog in 1-2 years. Don't forget that we have some Eb3 people with STEM degree too.
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
2008 was election year and we didnot have advocacy day month after bill was introduce. We were just month away from presidencial election. CIR was keeping hostage. Since Obama has talked about Legal High skilled immigrants in SOU , we got support from President and as usual many republicans support high skilled bills. Also some moderate dems support it.. so chances are better if we can push it for by summer.
as we have see as fall approach things are getting tough to pass through.we should make it for advocacy day and meet with our lawmakers with just single agenda. STEM bill.
Most of Eb2 ( Not all ) are qualified for STEM and may release up to 30k visas each year to EB3. that will clear Eb3 backlog in 1-2 years. Don't forget that we have some Eb3 people with STEM degree too.
rolrblade
03-18 08:14 AM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
more...
pappu
02-25 07:13 PM
Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.
No.
The dates do mean something. While it does not mean anyone after the processing date will not be processed, people before these processing dates get a chance to raise a service request due to these processing times. Service centers project dates based on their workload. Lot of people are now eligible for AOS benefits due to the recent namecheck Memo. The EB3 ROW dates have also moved ahead in March Bulletin. There was a huge June , July rush of applications last year. All that may slow down the processing dates. IV has recently raised the issue of processing with USCIS and we are expecting some details be made public in the coming days.
No.
The dates do mean something. While it does not mean anyone after the processing date will not be processed, people before these processing dates get a chance to raise a service request due to these processing times. Service centers project dates based on their workload. Lot of people are now eligible for AOS benefits due to the recent namecheck Memo. The EB3 ROW dates have also moved ahead in March Bulletin. There was a huge June , July rush of applications last year. All that may slow down the processing dates. IV has recently raised the issue of processing with USCIS and we are expecting some details be made public in the coming days.
GumI485
05-14 07:34 PM
We will keep working on this Retrogression issue...
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.
We will fully support IV Core Group in their efforts
Congratulations! to all those who are eligible to apply I-485, but please keep supporting IV's main agenda.
hoolahoous
03-18 04:36 PM
anyone ?
admin
04-06 11:22 AM
Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.
Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.
I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!
Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.
abqguy
01-19 05:15 PM
lmao :D
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