peer123
07-18 07:25 PM
Hi Friends,
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
I have applied for my I485 last month and received receipt numbers this week. At the time I consulted my company lawyer and he said it is possible apply from your wife's company for both of us and when USCIS gets to approving one application they will ask other one to be withdrawn.
The reason I asked and agreed to do so was manily because of the VERY unstable condition our my job. My wife's job is more stable than mine.
Now we are try to apply from my wife's company, her lawyer is saying that we can not have more than one I485 pending, had I known this - it more based on interpretation from the lawyers I would not have applied for my application just applied for my wife's.
Hoping that nothing may happen should I drop the idea of applying for I485 from my wife's company. Although my hope line is too thin.
My question is has any on in similar situation applied for 2 I485s. I am really confused as my lawyer says that it is possible and my wife's lawyer says it is not possible to have 2 pending I485 applications..
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psk79
08-24 08:50 PM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
I am in the same boat.. Jul2, NSC filesd I140 approved in TSC received by BArrett @1025am
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
I am in the same boat.. Jul2, NSC filesd I140 approved in TSC received by BArrett @1025am
lecter
November 30th, 2008, 09:00 PM
Owen, enjoy! It's a nice beasty.
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thomachan72
10-19 12:27 PM
Very informative replies. Thanks!!
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telekinesis
11-16 04:55 PM
I voted for lostinbeta because he used photo manipulation instead of just slapping a bunch of brushes onto the stage, both look good, but lost had to have put more work into his!
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vikasgarg24
07-13 09:27 AM
Done and forward to friends
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gemini23
11-19 08:50 AM
Do we have to send copies of H1 visa stamp in passport in order to apply for ead renewal. if yes, what would be the case if the H1 visa stamp is expired. Can I send the copy of expired H1 visa stamp and I-797 approval , for ead renewal?
Can you please answer this question as I am about to file for a ead renewal.
Can you please answer this question as I am about to file for a ead renewal.
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TomPlate
07-11 02:09 PM
Guys you should see this
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abhi2001
02-24 01:06 PM
Hi,
I am on L1A managerial category currently in USA for my 5th year with company A. I know if company A files my GC I can apply under EB1 category.
But, if a future employer B files my GC can they file it under EB1? Additional info - The future employer is a big MNC and has offices in USA. I am a graduate in engineering with about 10 years of experience. The future employer B is not linked in any way to A.
If B cannot file under EB1 what category can they file my GC in? And when would I be able to start working for B?
Thanks in advance.
I am on L1A managerial category currently in USA for my 5th year with company A. I know if company A files my GC I can apply under EB1 category.
But, if a future employer B files my GC can they file it under EB1? Additional info - The future employer is a big MNC and has offices in USA. I am a graduate in engineering with about 10 years of experience. The future employer B is not linked in any way to A.
If B cannot file under EB1 what category can they file my GC in? And when would I be able to start working for B?
Thanks in advance.
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gc_check
02-04 12:16 PM
Yes, I did get 10 yr multiple entry visa for my mom. Sponsored my mom for visa in late 08, Dad no more, and was very worried since she is a widow and couple friends mom's visa was denied with similar circumstance. I'm on AOS, also used AC21. Did included all the documents, including copy of EAD, 485 RN and EVL from current employer. My mom works for central govt, in addition to docs I submitted she also took a NOC from her office and also a leave approval showing 3 months leave and copy of document showing property (only home) ownership in India. But nothing was asked/reviewed except a couple question about the sponsor(me) like work, duration of stay in US, last time in India, etc and was issued a visa. Ensure the paper work is done correctly and placed in order. The better the paper work, fewer the questions. Good luck.
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s416504
02-03 09:34 AM
I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.
I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?
I-140 Reciept : No A Number
I-140 Approvel Number 1
I-485 Reciept : Number 2
EAD/FP/AP : Number 2
I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140
Is this anything I need to be concerned about ? Appreciate your suggestions
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seekerofpeace
08-14 04:40 PM
I am a July 23rd filer with ND of Sept 24th....no LUDs but RFE last year.....I know of ppl who got GCs with no LUDs to their records...so it is anybody's guess.
I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...
It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...
SoP
I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...
It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...
SoP
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nomorelogins
11-16 04:23 PM
your pd needs to be current for being allocated a visa number.
they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC
eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available
they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC
eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available
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EndlessWait
07-12 10:13 PM
EndlessWait I hope ur wait will end soon
for me and everyone..atleast make the process of GC predictable and sane.
PS: I've lost it already. Its only meat up there.. pls lighten up the fire...
for me and everyone..atleast make the process of GC predictable and sane.
PS: I've lost it already. Its only meat up there.. pls lighten up the fire...
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smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
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shahrooz
02-10 10:50 PM
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
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songlan
12-05 08:16 AM
That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
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ameryki
07-20 11:17 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
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glus
08-10 09:49 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
245(k) can be used to adjust status if a person failed to maintain non-immigrant status for fewer than 181 DAYS since the LAST entry until 485 was FILED Re-entering and maintaining status after 485 was filed can not help currently pending 485. If a person was out of status for more than 180 days, the underlying 485 can't be approved, IF USCIS NOTICES this. ...The odds are USCIS will not notice this. Another way of going about this problem, would be to re-file 485 after re-entering U.S. on a dual intent visa and maintaining the status when your PD is current again. Such 485 would be then approvable. Hope this makes any sense.
boom
10-01 07:16 PM
Would appreciate if some one can guide me in this situation.
Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.
Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.
Filed 485 on 11th aug but as fedex packet was not traceable I had to file again on 16th of August.
Now I received the receipts for the one which was filed first time.
How do I stop the 2nd application.What will happen If I do a stop payment on the 2nd one.
Will it affect my GC processing fot the application filed first time.
What is the best option I have without getting into some issue.
JupiterTransit
08-27 06:32 PM
A friend of mine filed a few days before me and got his EAD a few days ago..from TSC.Hoping the July 2nd rush would not affect me by more than a few weeks.My lawyer is not able to confirm if the checks were cashed. I cannot tell if the checks were cashed either as these were checks from my company.
The lawyer however mentioned that my premium processing check may return (I-140) and my application may have gone in regular queue. Everything is speculation for now..Any one else in the same boat or can throw more light...
The lawyer however mentioned that my premium processing check may return (I-140) and my application may have gone in regular queue. Everything is speculation for now..Any one else in the same boat or can throw more light...
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