desi3933
02-18 11:28 AM
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
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delhirocks
07-19 10:40 PM
I am not 100% sure, this is my understanding, you can change jobs 180 days after
you start working on ead
After your 140 is aprooved
Hello everyone!
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj
you start working on ead
After your 140 is aprooved
Hello everyone!
I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!
Thanks,
Raj
anilsal
01-07 10:42 AM
So it is really an administrator goof-up?
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GCwaitforever
08-15 11:04 AM
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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leoindiano
06-30 05:07 PM
I am prepared to file around 15th. Not pushing my lawyer due to this madness. PD will come back into picture again irrespective what comes out on monday or tuesday.
Go & Chill
Go & Chill
swo
07-21 04:13 AM
The information stated here in the context of pending AoS applications is incorrect.
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.
You may do this ONLINE at the USCIS website.
https://egov.uscis.gov/crisgwi/go?action=coa
Note, you must STILL file the AR-11.
As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
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b_boy
08-28 03:58 PM
Pending too
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doctor
01-26 04:10 PM
Thank you so much for your responses so far, it is a good starting point for us.
[QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..QUOTE]
Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
Thanks
[QUOTE=ryan;2280334]Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why ..QUOTE]
Ryan, As I mentioned it is not about us (parents). We either ignore it or dont come across it openly. I have been out of india for long time now but never had to consider this before. It is different for children and playgrounds, it is not about missing india. Maybe you dont have small children or if you do please let me know the different cities you have lived so far and I will appreciate it.
Thanks
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franklin
06-15 12:33 AM
Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Yes, lets hope the removal of AC21 in CIR has been reversed !
Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Yes, lets hope the removal of AC21 in CIR has been reversed !
Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)
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Bpositive
04-02 09:37 PM
there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....
more...
v2neha
02-17 07:23 PM
Very true - unfortunately my case that was received at SFO regional office in July'04 got transferred to PBEC in Oct'04. It is still rotting there! I read somewhere that BECs were supposed to follow adjudication process of CA SWAs and Regional offices due to their proven efficiency compared to other states. Wish they did - clearly they didn't
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dhirajs98
01-13 09:51 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
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bindas74
05-15 08:38 AM
Hi Gurus,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
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LostInGCProcess
01-21 06:11 PM
Sorry.. might be a dumb question.. Do we get I-94 when we enter using AP - If so what would be the expiry date on it and do we need to renew I94 every time then...
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Also I have H1B extended till 2011 but stamping on passport expired already.. If I come back using AP, can I still be on H1B status ?
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
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mnq1979
01-29 10:54 AM
Dear All,
I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.
In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.
In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.
I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."
Please, please help me in this regards.
I would really appreciate if any one can help me out in this matter.
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.
In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.
In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.
I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."
Please, please help me in this regards.
I would really appreciate if any one can help me out in this matter.
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
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mlkedave
03-07 08:05 AM
o, i didn't realize the order, i feel pretty stupid...
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GCVictim
08-28 05:02 PM
I am also in the same boat. Me and wife applied (efile) same time. Mine EAD has approved. For her still pending. Both APs also pending.
RN: 26-june-2008
FP: 17-Jul-08
My EAD Approved Date: 26-Aug-2008
RN: 26-june-2008
FP: 17-Jul-08
My EAD Approved Date: 26-Aug-2008
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vishalsab2003
06-26 12:19 PM
Thanks for your reply, I also recvd my approval last week. Thanks a lot for reply and wish you all the best.
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dealsnet
12-06 07:21 AM
My wife got all the AP paperback after her return from India. One AP have stamp. Two AP papers are not touched.
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).
If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.
Thanks
morchu
05-04 12:37 PM
AR11 is legal requirement. And that is the first step.
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
What is the second step you are referring to? I thought only an online AR-11 is good enough.
I will be changing my address next month (same zip code and state).
GCard_Dream
04-23 02:50 PM
Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?
The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
- Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.
- Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.
- Some say that it just takes too damn long (over a year) to be any meaningful.
By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.
To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
- Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.
- Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.
- Some say that it just takes too damn long (over a year) to be any meaningful.
By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.
To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
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